(A) Registration required. A communications services provider that desires to place or maintain a communications facility in public rights-of-way in the town shall first register with the Town Clerk in accordance with this chapter. No registrant shall place or maintain any communications facility in a public right-of-way without a permit to do so issued by the town.
(B) Registration rights in addition to other requirements. A registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration under this chapter governs only the placement or maintenance of communications facilities in public rights-of-way. Registration does not excuse a communications services provider from obtaining appropriate access or pole attachment agreements before locating its facilities on the town’s or another person’s facilities. Registration does not excuse a communications services provider from complying with all applicable town ordinances, codes or regulations, including this chapter. Other ordinances, codes or regulations may apply to the placement or maintenance in the rights-of-way of facilities that are not communications facilities.
(C) Registration information required. Each communications services provider that desires to place or maintain a communications facility in public rights-of-way in the town shall file a single registration with the town which shall include the following information:
(1) Name of the applicant;
(2) Name, address and telephone number of the applicant’s primary contact person in connection with the registration, and the person to contact in case of an emergency;
(3) Evidence of the insurance coverage required under this chapter and acknowledgment that registrant has received and reviewed a copy of this chapter, which acknowledgment shall not be deemed an agreement;
(4) The number of the applicant’s certificate of authorization or license to provide communications services issued by the state public service commission, the Federal Communications Commission, or other federal or state authority, if any; and
(5) For an applicant that does not provide a state public service commission certificate of authorization number, if the applicant is a corporation, proof of authority to do business in the state, such as the number of the certificate from or filing with the state department of state.
(D) Registration application fees. No registration application fees shall be imposed.
(E) Registration does not give right to install and maintain facilities. Registration does not in and of itself establish a right to place or maintain or priority for the placement or maintenance of a communications facility in the public rights-of-way within the town, but shall establish for the registrant a right to apply for a permit to place or maintain a communications facility. Registrations are expressly subject to any future amendment to or replacement of this chapter and further subject to any additional town ordinances, as well as any state or federal laws that may be enacted.
(F) Renewal of registration. A registrant shall renew its registration with the Town Clerk by October 1 of even numbered years in accordance with the registration requirements in this chapter, except that a registrant that initially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within 30 days of any change in the information required to be submitted pursuant to division (C), a registrant shall provide updated information to the town. If no information in the then-existing registration has changed, the renewal may state that no information has changed. Failure to renew a registration may result in the town restricting the issuance of additional permits until the communications services provider has complied with the registration requirements of this chapter.
(G) The town shall review the information submitted by the applicant. Such review shall be by the Mayor or designee. If the applicant submits information in accordance with division (C) above, the registration shall be effective and the town shall notify the applicant of the effectiveness of registration in writing. If the town determines that the information has not been submitted in accordance with division (C) above, the Mayor shall notify the applicant of the non-effectiveness of registration, and reasons for the non-effectiveness, in writing. The town shall so reply to an applicant within 30 days after receipt of registration information from the applicant. Non-effectiveness of registration shall not preclude an applicant from filing subsequent applications for registration under the provisions of this section. An applicant has 30 days after receipt of a notice of non-effectiveness of registration to appeal the decision as provided in § 93.14.
(H) A registrant may cancel a registration upon written notice to the town stating that it will no longer place or maintain any communications facilities in rights-of-way within the town and will no longer need to obtain permits to perform work in rights-of-way. A registrant cannot cancel a registration if the registrant continues to place or maintain any communications facilities in rights-of-way.
(I) In accordance with applicable town ordinances, codes or regulations, a permit may be required of a communications services provider that desires to place or maintain a communications facility in rights-of-way. An effective registration shall be a condition of obtaining a permit. Notwithstanding an effective registration, permitting requirements shall apply. A permit may be obtained by or on behalf of a registrant having an effective registration if all permitting requirements are met.
(Ord. 2010-01, passed 1-26-2010)