(a) Annual Registration Required. All Service Providers and Small Cell Providers with consent or presumed consent to Occupy or Use the Public Right-of-Way shall register with the City each calendar year between January 1 and January 31 on a form provided by the City. Service Providers and Small Cell Providers who file initial registration after July, 2006 but before January 1, 2007, need not file an annual registration for calendar year 2007. Public Utilities operating under a tariff issued by the State of Ohio and regulated by the PUCO shall not be required to file a registration for tariff related activities other than filing a copy of their state tariff and their summary one year capital plan as set forth in the Ordinance.
(1) Update and supplement the City's database so that the City has accurate and current information concerning the Service Providers and Small Cell Providers that own or operate Facilities or Small Cell Facilities, and/or provide Services, in the City's Public Right-of-Way;
(2) Assist the City in monitoring the usage of the Public Right-of-Way in order to ensure that the public receives the maximum possible benefit from that use and the use is consistent with the best management and care of the Public Right-of-Way;
(3) Assist the City in the collection and enforcement of any municipal taxes, franchise fees, compliance fees or charges that may be due the City;
(4) Assist the City in monitoring compliance with local, State and federal laws.
(c) Information Required for Registration. Registration forms will be provided by the City and may require the following information:
(1) Any material changes to the information the Service Provider or Small Cell Provider provided the City in the application for consent to Occupy or Use the Public Right-of-Way, including, but not limited to:
A. The identity, legal status, and federal tax identification number of the Service Provider or Small Cell Provider, including any Affiliates.
B. The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the Service Provider's or Small Cell Provider's registration statement and available at all reasonable times to be notified in case of emergency.
(2) Evidence that the Service Provider or Small Cell Provider is in compliance with applicable Insurance, Indemnity and Performance Bond requirements.
(3) A description of, and a preliminary Construction or installation schedule and completion date for, any Capital Improvements the Service Provider or Small Cell Provider plans in the City's Public Right-of-Way for the twelve (12) months following the date of registration, including:
A. As soon as available, a current "to scale" map or drawing that clearly locates all the proposed Capital Improvements, including horizontal and vertical information; Facility type, size, depth, and capacity; and other such relevant information. If a "to scale" map is not available, the registrant shall supply as much of the required information as is currently available, but in no event shall the description of the proposed Capital Improvement be less than by City quadrant and/or street name and Facility type. The Service Provider or Small Cell Provider shall update all required information as soon as it becomes available. Should the Service Provider or Small Cell Provider fail to comply with this section in a timely manner, they shall not be permitted to occupy the City's Right-of-Way.
B. A general description of the Service that the Service Provider intends to offer or provide over the proposed Facilities within the City. Where a Service will be provided by a non-affiliated provider the Service Provider shall identify that provider.
C. Information sufficient to determine that the Service Provider or Small Cell Provider has applied for and received any certificate of authority required by PUCO to provide Services or Facilities within the City.
D. Information sufficient to determine that the Service Provider or Small Cell Provider has applied for and received any construction permit, operating license, certification, or other approvals required by the Federal Communications Commission to provide telecommunications or Cable Services or Facilities within the City.
(4) Such other information as the City Manager may reasonably require.
(d) Facilities Maps. The City shall have the right to access and review the Service Providers' and Small Cell Providers' maps and/or as-built plan showing the location of their facilities in the City's Right-of-Way upon ten (10) days' notice to the Service Providers or Small Cell Providers. Public Utilities operating under a tariff issued by the State of Ohio and regulated by the PUCO and for tariff related activities will only be required to assist the City in requesting design tickets and other information in accordance with OUPS and PUCO regulations. In emergency situations, access should be granted as soon as possible.
(e) Registration to be Kept Current. In addition to the annual registration requirement, each Service Provider and Small Cell Provider shall keep all required registration information current at all times and shall provide the City with notice of changes to the required information with fifteen (15) days following the date on which the Service Provider and Small Cell Provider has notice of such change.
(f) Registration Fee. Each Service Provider, except as provided in Section 937.09
, shall pay an annual registration fee as determined by the City Manager to reimburse the City for its administrative costs related to maintaining annual registration and as provider in Section 937.08
. (Ord. 2018-114. Passed 10-17-18.)