A Certificate of Registration shall not convey equitable or legal title in the rights of way. A Certificate of Registration is only the nonexclusive, limited right to occupy rights of way in the municipality for the limited purpose and for the limited period stated in the Certificate of Registration and in accordance with this chapter and any associated permit. For those providers with a valid gas or electric franchise, the provisions of a Certificate of Registration shall be deemed as regulatory in nature and shall not be interpreted to limit the right to occupy the rights of way that may have been granted by such franchise. The rights to occupy the right of way itself may not be subdivided or subleased; provided, however, that two or more providers may collocate facilities in the same area of the rights of way so long as each such provider complies with the provisions of this chapter. A Certificate of Registration does not excuse a provider from obtaining appropriate access or pole attachment agreements before collocating its facilities on facilities of others, including the municipality’s facilities. A Certificate of Registration does not prevent a provider from leasing space in or on the provider’s system, so long as the sharing of facilities does not cause a violation of law, including the provisions of this chapter. A Certificate of Registration does not excuse a provider from complying with any provisions of this chapter and other applicable law.
(Ord. 2000-06, passed 7-6-00)