(A) Approval or denial of a wireline permit.
(1) The authority to approve or deny an application for a wireline permit is hereby delegated to the City Manager. Pursuant to § 15(3) of the METRO Act, the City Manager shall approve or deny an application for a permit within 45 days from the date a telecommunications provider files an application for a permit under § 113.04(B) of this chapter for access to a public right-of-way within the city.
(2) Pursuant to § 6(6) of the Act, the City Manager shall notify the MPSC when the City Manager 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 Manager shall not unreasonably deny an application for a permit.
(B) Approval or denial of a wireless permit. The authority to approve or deny an application for a wireless permit is hereby delegated to the City Manager. Pursuant to § 15 of the Small Wireless Act, the City Manager shall approve or deny an application within 60 days from the date a telecommunications provider files an application for a proposed collocation of a small cell wireless facility, subject to the adjustments provided in § 15(h). Denial of an application may only be for a reason listed in § 15(i) of the Small Wireless Act.
(C) Form of METRO Act permit. If an application for a METRO Act permit is approved, the City Manager 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 METRO Act.
(D) Conditions. Pursuant to § 15(4) of the Act, the City Manager 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.
(E) Bond requirement for wireline facility. Pursuant to § 15(3) of the METRO Act, and without limitation on division (C) above, the City Manager may require that a bond be posted by the telecommunications provider as a condition of the permit for a wireline facility. 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.
(F) Bond requirement for wireless facility. Pursuant to § 33 of the Small Wireless Act, and without limitation on division (C) above, the City Manager may require that a bond be posted by the telecommunications provider as a condition of the permit for a wireless facility. The purpose of the bond must be either to remove abandoned or improperly maintained small cell wireless facilities, to repair the right-of-way, or to recoup rates or fees that are more than 12-months delinquent following 60-days advance notice. A cash bond is not required unless the wireless provider has failed to obtain or maintain a bond required by § 33 or has defaulted or failed to perform on a bond previously given to the city. The bond requirement shall not exceed $1,000 per small cell wireless facility.
(G) Fee requirement for a wireless facility. Pursuant to § 13(3) of the Small Wireless Act, the City Manager shall require an annual fee of $20 for each existing utility pole or wireless support structure in the public right-of-way on which the provider has collocated a small cell wireless facility. If the utility pole or wireless support structure was erected by or on behalf of the wireless provider on or after March 12, 2019, the City Manager shall require an annual fee of $125.
(Ord. 822, passed 3-22-99; Am. Ord. 885, passed 10-28-02; Am. Ord. 1042, passed 4-8-19)