(a) Consent Required to Occupy Right-of-Way. No Person shall Occupy or Use the Right-of-Way without obtaining prior consent from the City to do so.
(b) Persons Required to Apply for Consent to Occupy or Use Right-of-Way.
(1) The following Persons shall apply to the City for consent to Occupy or Use the Right-of-Way on a form provided by the Safety-Service Director if such Person:
A. Does not currently have an existing System or Facilities in the City's Right-of-Way and desires to Construct a System or Facilities in the Right-of-Way;
B. Had an existing System or Facilities in the Right-of-Way on July 2, 2002 and does not have presumed initial consent under Section 913.02(c)(1) below; or
C. Has initial presumed consent or City consent to Occupy or Use the Right-of-Way for an existing System or Facilities, but is planning
1. A Capital Improvement or Reconstruction of existing Facilities; or
2. To Construct additional Facilities or an additional System anywhere in the City.
(c) Initial Consent Presumed.
(1) A Person with existing Facilities in the Right-of-Way on July 2, 2002 Chapter shall be presumed to have initial consent for those then-existing Facilities to Occupy or Use the Right-of-Way if such Person:
A. Is subject to jurisdiction by the PUCO;
B. Has a valid franchise agreement with the City to provide Cable Services or other Services in the City, and/or
C. Is any other Person whose existing Facilities lawfully Occupied the Right-of-Way on July 2, 2002.
(2) Initial presumed consent for Occupancy or Use of the Right-of-Way is limited to the Service Provider's existing Facilities.
(3) Any Service Provider with initial presumed consent to Occupy or Use the Rights-of-Way shall file an Initial Registration with the City within ninety (90) days of the effective date of this Chapter, on a form provided by the Safety-Service Director, which shall include the information required by Section 913.02(d) of this Chapter.
(4) A Person with initial presumed consent must comply with the requirements of this Chapter with respect to the ongoing Occupancy or Use of the Right- of-Way including, but not limited to, the Insurance, Indemnity, Performance Bond and Registration requirements of Sections 913.04(a), (b) and (c) and 913.05 of this Chapter.
(d) Application for Consent to Occupy or Use the Right-of-Way and Initial Registration of Service Providers with Initial Presumed Consent. The application for Consent to Occupy or Use the Right-of-Way and/or initial registration pursuant to Section 913.02(c) for Service Providers with initial presumed consent to Occupy or Use the Right-of-Way shall include the following information with respect to the applicant's or Service Provider's planned or existing System and/or Facilities in the Right-of-Way as well as plans for any planned Capital Improvements or Reconstruction for the following twelve (12) months:
(1) The identity, legal status and federal tax identification number of the applicant, including all Affiliates of the applicant or Service Provider that will Use or Occupy the Right-of-Way or are in any way responsible for Facilities located in the Right-of-Way.
(2) The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the application or initial registration and available at all reasonable times to be notified in case of emergency.
(3) A general description of the Service provided or to be provided by the applicant or Service Provider over its System or Facilities. Where Services are or will be provided by a nonaffiliated provider, the applicant or Service Provider shall identify that provider.
(4) A description of the type of transmission medium used, or to be used, by the applicant or Service Provider to operate a System.
(5) A map and/or description of the existing or proposed Facilities in the City's Right-of-Way:
A. The map and/or description shall be in sufficient detail to identify:
1. The location and route of the applicant's or Service Provider's Facilities or proposed Facilities.
2. The location of all known existing Overhead and/or Underground Facilities in the Right-of-Way along the route or proposed route of the applicant's or Service Provider's Facilities or proposed Facilities that is sufficient to show the impact of the applicant's Facilities on other existing Facilities.
3. The location of all known overhead and underground Utility Easements.
B. Upon written request of a Service Provider, the Safety-Service Director may modify the requirements of this subsection (d)(5), if in his or her reasonable discretion such modification serves the purposes of this Chapter and the City's need to manage its public Rights-of-Way.
C. A Service Provider may designate any portion or portions of the maps and/or information provided under this subsection (d)(5) as proprietary and/or a trade secret so as to remain confidential. In this event, the City shall seek to maintain the confidentiality of such maps and/or information; provided, however, that such information is subject to applicable public records laws and exceptions thereto. The City shall provide a Service Provider with written notice of any proposed inspection or disclosure prompted by a public records request related to the Service Provider's maps and/or information the Service Provider has designated to be confidential. The Service Provider shall have three (3) business days from the written notice to object to any public records disclosure and to agree in writing to defend and indemnify the City with respect to any litigation under the Ohio Public Records Act to compel disclosure and all costs thereof.
(6) Evidence that the applicant or Service Provider has complied, or will comply, with the Indemnification, Insurance, Performance Bond and Construction Bond requirements of this Chapter.
(7) Information sufficient to determine that the applicant or Service Provider has received any certificate of authority required by the PUCO, FCC or other applicable State or Federal Agency to operate a System and provide Services in the City.
(8) Written acknowledgement of receipt of a copy of this Chapter.
(9) Such other information as the Safety-Service Director may reasonably require that is relevant to the Provider's Use or intended Use of the Right-of-Way.
(e) City Consent or Denial for Occupancy or Use of the Right-of-Way.
(1) The City shall grant or deny, in writing, a Person's application for consent to Occupy or Use the Right-of-Way within sixty (60) days of the date on which the Person filed the application with the City.
A. The City may withhold, deny or delay its consent to a Person's application to Occupy or Use the Right-of-Way based on the Person's failure to possess the financial, technical and managerial resources necessary to protect the public health, safety and welfare, or for other reasons based on the health, safety and welfare of the City and in accordance with Ohio law.
B. If the City denies a Person's application to Occupy or Use the Right-of-Way, the City shall provide its reasons in writing for denying the application, and shall provide any information reasonably requested by that Person necessary to obtain the City's consent to Occupy or Use the Right-of-Way.
(2) The City's grant of consent for a Person to Occupy or Use the Right-of- Way shall be in the form of a Right-of-Way Occupancy Certificate which shall set forth the specific terms of the City's consent for such Person to Occupy or Use the Right-of-Way.
(f) Application to Existing Franchise or Agreement. For purposes of this Chapter, an effective Franchise or Agreement shall be deemed consent authorizing the Occupancy or Use of the Right-of-Way to the extent described in the Franchise. Any Occupancy or Use of the Right-of- Way beyond that authorized by the Franchise or Agreement shall require additional consent for such additional Occupancy or Use. Service Providers shall comply with all other provisions of this Chapter except if there is a direct conflict between a specific provision in the Franchise or Agreement and the provisions of this Chapter, the Franchise or Agreement shall control.
(Ord. 2023-49. Passed 6-13-23.)