(A) It shall be unlawful for any person to commence the construction of a utility system that is to be located in any public rights-of-way unless such person shall have first:
(1) Registered and obtained approval in accordance with the requirements of this section; and
(2) Obtained a permit in accordance with § 102.21.
(B) Incumbent providers must comply with the requirements of this section within sixty (60) days of the effective date and provide a map and description of facilities located within the city.
(C) Any person who is an operator of or who seeks to commence construction of a utility system within the public rights-of-way must register with the city by completing a form prepared by the city, by returning the form to the city and by receiving registration approval from the city.
(D) The registration requirement applies irrespective of the means through which such services are provided, regardless of whether services are sold to the public and irrespective of whether services are furnished through the use of a third party's facilities or the resale of services provided by a third-party or through the use of facilities built by the person.
(E) At a minimum, the registration application shall require each person to supply:
(1) Name, address, phone number;
(2) Certificate of insurance, including an agreement to indemnify the city;
(3) Place of incorporation (if the registrant is a corporation);
(4) Information on whether the registrant is subject to licensing, franchising or permitting requirements; and
(5) Information demonstrating that the registrant has applied for and/or received requisite approvals by local governments, the State of Kentucky, including the KyPSC, and/or the United States government to provide the utility services proposed to be provided.
(F) The completed registration form shall include payment of a non-refundable registration fee, in a manner and amount as prescribed by the city, which shall be designed to recover the city's costs incurred in processing registration applications and shall include such additional information reasonably required to implement this chapter and prescribed by the city.
(G) The city shall not approve a registration application unless and until the registrant demonstrates that it has received all requisite, federal, state and/or local governmental approvals.
(H) Registration applications will be acted upon by the city within thirty (30) days of receipt of a completed application form, including payment of the requisite registration fee.
(Ord. 2003-08, passed 3-17-03)