(A) The right to use city right-of-way. The eligibility of a person to apply for or use city right-of-way to install distributed antenna system (DAS) equipment is governed by this article.
(B) Authority of the Director. The Director shall control the installation and maintenance of distributed antenna system (DAS) equipment on city right-of-way and administer this article. The Director shall develop non-discriminatory policies and regulations to implement, administer, and enforce this article.
(C) Priority of usage. The city has priority of use of city right-of-way.
(D) Reservation and restrictions. The use of a city right-of-way is controlled by the city. The city retains complete discretion as to use of city right-of-way as to both current and subsequent requests, including requests for co-location or modification.
(E) Unauthorized use prohibited. An applicant, user, or other party does not have the right to install distributed antenna system (DAS) equipment on city right-of-way except as authorized by the Director. If unauthorized distributed antenna system (DAS) equipment is discovered, the Director may remove the unauthorized distributed antenna system (DAS) equipment from city right-of-way without incurring liability to the owner, and at the owner’s sole expense, if the owner of the unauthorized distributed antenna system (DAS) equipment does not:
(1) Remove the unauthorized distributed antenna system (DAS) equipment within three business days; or
(2) Apply for permission to have the distributed antenna system (DAS) equipment on city right-of-way within three business days, including payment of applicable charges or penalties.
A distributed antenna system (DAS) equipment can be removed immediately if necessary to protect public safety or prevent imminent damage to city right-of-way.
(Ord. No. 16-067, § 1, passed 12-8-2016)