(a) Grant. The City may grant to an applicant a right-of-way permit to make reasonable and lawful use of the rights-of-way within the City, to construct, operate, maintain, reconstruct and rebuild a system within the City for the purposes of delivering telecommunications services to residents, businesses or other premises within the City and elsewhere, subject to the conditions, terms and provisions contained in this chapter or use agreements entered into with regard to any such properties. The City reserves the right to grant similar uses, licenses, franchises, permits, or any other rights with regard to the public rights-of-way or any other Municipal interest, to any other person. The rights granted under a right-of-way permit are also expressly subject to any rights granted previously by the City to any person. The granting of a right-of-way permit may also be cause for the revocation of prior permits granted to the permittee, as specified in such prior permits.
(b) Permit Area. All rights-of-way subject to a ROW permit granted hereunder shall be listed within the permit application submitted by the applicant.
(c) Fees. The fees for a ROW permit shall be in accordance with Section 185.05
of these Codified Ordinances.
(d) Use of Rights-of-Way. Subject to the City’s supervision and control, the permittee may erect, install, construct, repair, replace, reconstruct, and retain in, over, under, upon, across and along the rights-of-way within the permit area such telecommunications system and facilities for the sole purpose of providing telecommunications services within the City. The permittee shall comply with all applicable Federal, State and local construction codes, laws, ordinances, regulations and procedures, now in effect or enacted hereafter. Where possible, any antennas and ancillary equipment that are part of a telecommunications system will be installed in a manner shown in drawings provided by the permittee. Pole top antennas that have or taper to the same diameter as the pole are preferred. Where codes, standards, utility pole owner rules or standards, or other limitations or circumstances dictate, an alternate antenna design may be approved by the City. Where possible, related equipment will be placed on the pole rather than on the ground. However, ground mounted equipment is preferred when equipment mounted on the pole would be visually unappealing or so large as to significantly change the visual appearance of the pole. When placed on the ground, equipment should be mounted in such a manner to minimize a hazard to traffic, pedestrian travel. Where possible, existing poles will be used. Where utility pole owner rules or standards dictate, approval must be given for specific permittee new poles by the City Engineer.
(e) Force and Effect. A ROW permit shall be of no force or effect until the following requirements have been complied with:
(1) The applicant shall submit a written acceptance of the terms and conditions of the ROW permit together with all applicable fees to the City Director of Public Service. Said acceptance shall be in substantially the following form:
Date: ___________________ We the undersigned do hereby accept all of the terms and conditions recited in Chapter 932 of the Parma Codified Ordinances, and contained in this permit. The name and address of our representative to whom notices shall be sent is as follows: ______________________________ ______________________________ ______________________________ The proposed system design is attached hereto as Exhibit “A”. The rights-of- way where construction will occur are listed in attached Exhibit “B”. Signed by: ______________________________ (Applicant) ______________________________ By: ______________________________ (Name of Officer) |
(2) The applicant shall have filed all insurance policies and certificates herein recited with the Director of Purchasing, who shall notify the Director of Public Service, in writing, that such policies and certificates are acceptable to the City;
(3) The applicant shall file a copy of the appropriate authorization from the Public Utilities Commission of the State of Ohio with the City Director of Public Service; and
(4) The Director of Public Safety shall have certified, in writing, to the Clerk of Council that the foregoing requirements have been performed.
(f) Permit Non-Exclusive. A ROW permit shall be non-exclusive, and subject to all prior rights, interests, easements or licenses granted by the City or its predecessors to any person to use any property, right-of-way, easement, right, interest or license for any purpose whatsoever, including the right of the City to use the same for any purpose it deems fit, including the same or similar purposes allowed the permittee thereunder. The City may at any time grant authorization to use the rights-of-way for any purpose as the City deems appropriate.
(g) Police Powers. The permittee’s rights hereunder are subject to the police powers of the City to adopt and enforce ordinances necessary to the safety, health, and welfare of the public, and the permittee agrees to comply with all applicable laws and ordinances enacted, or hereafter enacted, by the City or any other legally-constituted governmental unit having lawful jurisdiction over the subject matter hereof. The City reserves the right to exercise its police powers, notwithstanding anything in this chapter to the contrary, and any conflict between the provisions of this chapter and any other present or future lawful exercise of the City’s police powers shall be resolved in favor of the latter.
(h) PUCO Authorization. The permittee shall obtain, prior to the beginning of any construction, authority from the Public Utilities Commission of the State of Ohio, to provide telecommunications services, if the same is required by law.
(i) Cable Operators Subject to Franchise. The permittee shall not provide any additional services without first obtaining a separate permit from the City, and shall not allow the use of the system for content services by itself, its affiliates or any service provider (including video dialtone and cable television), unless the service provider has been granted a permit or franchise for such service by the City. Concerning cable television, the permittee shall neither operate as a cable operator, as that term is defined in the Cable Act, 47 U.S.C. 522(4), nor provide or offer to provide cable service, as that term is defined in the Cable Act, 47 U.S.C. 522(5), under any permit granted hereunder without first obtaining a franchise to do so. The permittee shall not provide or offer to provide any other video and/or audio services offered by cable operators to residential end users under any permit granted hereunder without first obtaining a franchise to do so. Permits granted shall be solely for the purpose of directly serving a permittee’s end-user customers and common carriers.
(Ord. 322-97. Passed 1-18-00; Ord. 89-16. Passed 8-1-16.)