(A) Approval or denial. Approval or denial of an application for a permit will be by City Council. Pursuant to § 15(3) of the Act, approval or denial of an application for a permit shall be within 45 days from the date a telecommunications provider files an application for a permit under § 4(b) of this chapter for access to a public right-of-way within the city. Pursuant to § 6(6) of the Act, the Clerk shall notify the MPSC when the City Council has granted or denied a permit, including information regarding the date on which the application was filed and the date on which permit was granted or denied. The City Council shall not unreasonably deny an application for a permit.
(B) Form of permit. If an application for permit is approved, the city shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with §§ 6(1), 6(2) and 15 of the Act.
(C) Conditions. Pursuant to § 15(4) of the Act, the Council may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider’s access and usage of the public right-of-way.
(D) Bond requirement. Pursuant to § 15(3) of the Act, and without limitation on division (C) above, the Clerk may require that a bond be posted by the telecommunications provider as a condition of the permit. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunications provider’s access and use.
(Ord. 490, passed 2-18-2003)