§ 95.34 ACTION ON PERMIT APPLICATIONS.
   (A)   City review of permit applications. Completed permit applications, containing all required documentation, shall be examined by the Engineer or Public Services Director, as determined by the city, within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the Engineer or Public Services Director shall reject such application in writing, stating the reasons therefor. If the Engineer or Public Services Director is satisfied that the proposed work conforms to the requirements of this subchapter and all applicable ordinances, codes, laws, rules, and regulations, a permit shall be issued therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the city, that the construction proposed under the application shall be in full compliance with the requirements of this subchapter.
   (B)   Additional city review of applications of telecommunications retailers.
      (1)   Pursuant to § 4 of the Telephone Company Act, ILCS Ch. 220, Act 65, § 4, a telecommunications retailer shall notify the city that it intends to commence work governed by this subchapter for facilities for the provision of telecommunications services. The notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the city not less than ten days prior to the commencement of work requiring no excavation and not less than 30 days prior to the commencement of work requiring excavation. The Engineer or Public Services Director shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed.
      (2)   In the event that the Engineer or Public Services Director fails to provide such specification of location to the telecommunications retailer within either: (a) ten days after service of notice to the city by the telecommunications retailer in the case of work not involving excavation for new construction; or (b) 30 days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this subchapter.
      (3)   Upon the provision of such specification by the city, where a permit is required for work pursuant to § 95.33, the telecommunications retailer shall submit to the city an application for a permit meeting all requirements of § 95.33, and any and all plans, specifications and documentation available regarding the facility to be constructed. The application shall be subject to the requirements of § 95.33 and division (A) of this section.
      (4)   The permittee shall submit a written construction schedule to the Engineer or Public Services Director not less than ten working days before commencing any work in or about the public rights-of-way. The permittee shall further notify the City Engineer not less than two working days in advance of any excavation or work in the public rights-of-way.
   (C)   Additional city review of applications of holders of State authorization under the Cable and Video Competition Law of 2007. Applications by a utility that is a holder of a State-issued authorization under the Cable and Video Competition Law of 2007 shall be deemed granted 45 days after submission to the city, unless otherwise acted upon by the city, provided the holder has complied with applicable city codes, ordinances, and regulations.
(Ord. 07-18, passed 10-23-07; Am. Ord. 08-13, passed 8-12-08)