Loading...
(1) Application. A Person or City Agency desiring to renew a ROW Registration, other than a Cable Franchise or an OVS Franchise, shall file an application with the City for renewal of its Registration on a form established by the Department by regulation. The time for filing and application fee shall be established by the Department by regulation.
(2) Determination. Upon receiving a complete application for renewal of a ROW Registration, the Department shall make a determination accepting or denying the renewal application in whole or in part. If the renewal application is denied, the determination shall include the reasons for non-renewal. Determinations to grant or deny a renewal application shall be made on a non-discriminatory and competitively neutral basis, and subject to such additional requirements as promulgated by regulation of the Department.
Notes
| 146 |
(1) Franchise Required. No Person may own, construct, operate or maintain a Cable System or Open Video System within the City, provide Cable Service over a Cable System, or provide OVS Service over an Open Video System, unless a Cable Franchise or OVS Franchise, whichever is applicable, is first issued by the City to the owner of such Cable System or Open Video System in accordance with this Chapter. A Cable Franchise or Open Video System Franchise or any renewal thereof may be issued by the City only after it is authorized by separate ordinance of City Council, and shall not become effective unless or until so authorized. In considering such an authorization, the Council shall consider whether the applicant has demonstrated:
(a) that it has no substantial history of non-compliance with applicable law and regulation relating to the management of, and the construction and maintenance of Facilities in, Streets and rights-of-way, wherever located;
(b) that it possesses all licenses, permits, and authorizations required by the Federal Communications Commission, the PUC, the Commonwealth, and the City as a condition of its using the Right-of-Way and furnishing the Services and operating the Facilities proposed by the applicant;
(c) that its Cable System or Open Video System is responsive to the needs and interests of the local community and has satisfied such further requirements of Council as are consistent with the Cable Acts and the applicable regulations of the Federal Communications Commission for granting or renewing a Cable Franchise or Open Video System Franchise.
(2) Term of Franchise. Unless otherwise specified in a Cable Franchise or OVS Franchise, no Cable Franchise or OVS Franchise shall be issued for a period of more than fifteen (15) years.
(3) Compensation from Cable Franchisees. Except as expressly provided otherwise in an existing Franchise Agreement, each Cable Franchisee shall pay to the City the maximum cable franchise fees and other compensation permitted by law, and all fees required for ROW Registration, Street Closure Permits and Street Opening Permits, or otherwise required by law pursuant to this Chapter.
(4) Compensation from OVS Franchisees. Every OVS Franchisee shall pay compensation to the City as follows:
(a) The OVS Franchisee shall pay to the City all fees required for ROW Registration, Street Closure Permits and Street Opening Permits, or otherwise required by law pursuant to this Chapter, and a percentage of its Gross Revenue each month equal to the maximum gross revenue percentage paid by any Cable Franchisee in the City for the same month; provided, however, that if there is no Cable System operating in the City, on account of all Cable Systems having become Open Video Systems in accordance with applicable federal law, the percentage shall be equal to the maximum percentage that was required of any Cable Franchisee pursuant to this Section 11-703, subject to any limit that may be imposed by federal law. To the extent the OVS System is used for the provision of Telecommunications Service, and except as prohibited by law, the OVS Franchisee shall also pay all other fees required of Telecommunications Providers under the Code.
(b) For purposes of this Section 11-703, and except as prohibited by the Cable Acts or regulations of the Federal Communications Commission, Gross Revenue shall be defined to include all the revenues derived from the operation of a Cable System or an Open Video System to provide Cable Services or OVS Services; and, except as required otherwise by federal law, shall include the revenues of affiliated persons using the capacity of the Open Video System or Cable System to provide Cable Service or OVS Service to subscribers for a fee, to the extent the OVS franchisee does not otherwise pay a fee to the City on account of such revenues.
(c) Except as expressly provided otherwise in an existing OVS Agreement or in subsection (a) above, each OVS Franchisee shall pay to the City the maximum fees on its gross revenue and other compensation permitted by law, and all fees required of Franchisees under Section 11-706.
(5) Transfer of Interest. No Transfer of Interest in any Cable System or Open Video System may take place except as provided in the Cable Acts and the applicable Franchise Agreement(s), and shall require approval by ordinance of City Council unless expressly provided otherwise in an approved Franchise Agreement. No Transfer of Interest in the Registered User’s Facilities shall take place without the prior written consent of the City. The City, in granting consent, and City Council, in approving such ordinance, shall consider whether the Transfer of Interest is consistent with the terms and requirements of applicable law and meets the requirements of subsection 11-701(2) and regulations under that Section, and complies with all applicable requirements of the Cable Acts.
Notes
| 147 |
(1) Permits.
(a) Except as expressly provided otherwise in this Section, no Person or City Agency shall block or close a street or sidewalk for the purposes of constructing, installing, operating, maintaining, relocating, removing, repairing or replacing Facilities unless a Street Closure Permit has been obtained from the Department pursuant to standards adopted by the Department by regulation.
(b) Except as expressly provided otherwise in this Section, no Person or City Agency shall open or break a street or sidewalk, or excavate within a City Right-of-Way, for the purposes of constructing, installing, operating, maintaining, relocating, removing, repairing or replacing Facilities unless a Street Opening Permit has been obtained from the Department pursuant to standards adopted by the Department by regulation.
(c) In the event of an Emergency Condition, a Person or City Agency may apply for such Street Closure Permits and Street Opening Permits within the time determined by the Commissioner by regulation.
(c.1) Except as expressly provided otherwise in this Section, for any project with a duration of seven (7) days or more, no Person or City Agency shall break, excavate, or open any street or sidewalk that requires full street closure under this Title, unless a full Street Closure Permit has been obtained by the Department and the applicant also certifies with the Department that it has given notice, at least one week prior, by first class mail, electronic mail, or door to door notices, to each residential and commercial property within 540 feet of the project. Such notice shall advise each recipient of the nature of the project, all known phases of the project, the estimated duration, any potential safety hazards, parking restrictions, any detours or other inconveniences necessitated by the project, provide contact information, and such other information the Department determines would enhance the safety and convenience of the neighbors. 150
(d) No Street Closure Permit or Street Opening Permit shall be issued to any Person or City Agency for the purposes of constructing, installing, operating, maintaining, relocating, removing, repairing or replacing Facilities unless:
(.1) a ROW Registration has been issued to the owner of such Facilities, and the Registered User is otherwise in compliance with this Chapter;
(.2) the Commissioner determines that the Person or City Agency is capable of properly constructing the proposed Facilities;
(.3) the owner of such Facilities belongs to the Pennsylvania One Call System as provided in the Act of December 10, 1974, P.L. 852, No. 287, as amended, 73 P.S. §§ 176 et seq., and is in compliance with its requirements;
(.4) the permit application is accompanied by plans and specifications for the work in form and content determined by the Commissioner by regulation; and
(.5) the applicant is a Registered User and remits the proper fee(s) to the Department pursuant to Section 11-706.
(e) Issuance of Permit Number. The Department shall designate each Street Closure Permit and Street Opening Permit issued pursuant to this Chapter with a permit number.
(2) Right to Inspect. The Department may inspect any Facility construction or repair activity to determine compliance with the terms of this Chapter and other applicable laws and regulations to the extent permitted by law. Registered Users, Persons and City Agencies that are issued permits pursuant to this Chapter are required to cooperate with all such inspections and to provide information requested by the Department as part of the inspection.
(3) Damage to Facilities or the ROW. Any Person or City Agency granted a permit pursuant to this Section, or otherwise performing construction in the Right-of-Way, shall be liable for damage that it, or a Person working for it, causes to the Right-of-Way or to any property or Facilities owned or used by the City, by other users of the Right-of-Way, or by any other Person or City Agency, and shall promptly repair or reimburse the City for damage to the ROW, and shall promptly reimburse the owner of the damaged property or Facilities for damages thereto. Nothing in this subsection (3) or elsewhere in this Chapter shall be construed as a waiver of the defenses, immunities, and limitations on damages available to the City pursuant to the Judicial Code at 42 Pa. C.S. §§ 8541 et seq.
(4) Facilities Maps. Each Person and City Agency issued a Street Closure Permit or Street Opening Permit pursuant to this Chapter shall submit to the Department, after completion of the permitted construction, accurate maps depicting the nature, dimensions, and location in the ROW of the Facilities constructed.
(5) Program for the Coordination of Construction Activities. The Department, in consultation with Registered Users and/or Franchisees and through the establishment of such advisory committees to the Department as the City may determine, shall develop a program for the coordination of construction activities in the ROW. The purposes of the program shall be to:
(a) minimize multiple Street openings, the resulting disruption of the ROW, and inconvenience to the public;
(b) ensure that construction in the ROW consistently meets a high industry standard of quality;
(c) coordinate the exchange and review of construction plans among Right-of-Way Users and between Right-of-Way Users and City Agencies, including the early identification and coordination of large construction projects planned by Right-of-Way Users and City Agencies, and the early review of economic development plans affecting construction in the ROW;
(d) ensure the timely identification and resolution of conflicts between planned and existing Facilities in the ROW;
(e) improve the efficiency of the process for issuing permits and minimize the time required;
(f) identify opportunities for joint construction in the ROW by multiple Registered Users;
(g) develop traffic safety guidelines for construction and maintenance activities in the ROW;
(h) otherwise identify and implement measures to improve the efficiency and minimize the impact of construction in the ROW.
(6) Application to City Agencies. Subsection (1) shall apply to City Agencies but may be waived by the Commissioner for City Work if the Commissioner, upon application by an affected City Agency, determines that compliance will adversely affect the public health, safety or welfare.
Notes
| 149 | |
| 150 | Added, Bill No. 230570 (approved November 13, 2023). Section 2 of Bill No. 230570 provides: “This Ordinance shall be effective upon the effective date of Bill No. 230454
(approved July 12, 2023).” For the effective date of Bill No. 230454
, see note 145. Enrolled bill added this as (c); renumbered by Code editor. |
(1) ROW Registration Fees.
(a) Each Registered User that is not a Franchisee shall pay a ROW Registration Fee to the City.
(b) Each Franchisee shall pay to the City, in addition to the compensation required under its Franchise, the ROW Registration Fee.
(c) The fees to be paid by all Registered Users pursuant to subsections (a) and (b) shall be in amounts and at a frequency established by the Department through regulations to recover the cost of administering and maintaining the GPIS system.
(2) Permit Fees. The Department is authorized to charge application and permit fees for permits provided for in this Chapter, which fees shall be established by the Department by regulation based on the costs incurred in connection with issuing, administering and enforcing Street Opening Permits and Street Closure Permits for Facilities and inspecting and supervising the use and occupancy of the Right-of-Way to construct, install, operate, maintain, relocate, remove, repair or replace Facilities in the Right-of-Way.
(3) Application to City Agencies. City Agencies shall be required to pay the ROW Registration fees and permit fees established by the Department under this Section, or equivalent compensation; except that the Streets Department and the Department of Public Property shall not be required to pay a fee that compensates the Departments for their own costs of managing the Right-of-Way.
Notes
| 151 |
(1) Remedies.
(a) Penalties. Any Person in violation of any provision of this Chapter or Chapters 9-300 or 11-200 or Section 11-103, or any regulation adopted thereunder, shall be subject to a fine, to the extent permitted by law, of not more than seven hundred dollars ($700); provided, the Commissioner may by regulation establish lower maximum fines for any particular such violation, based on the severity and number of violations committed by a Person. A separate and distinct violation shall be deemed committed each day on which a violation occurs or continues. In addition to an action to enforce any penalty imposed by this Chapter and any other remedy at law or in equity under this Title, the City may apply to a Court of Common Pleas for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this Chapter.
(b) Determination of Default. In the event a determination is made by the Department that a Person is in violation of this Chapter or the applicable requirements of Chapters 9-300 or 11-200, and that termination pursuant to subsection (c)(.2) is appropriate, such Person shall be provided written notice of the determination and the reasons therefor. Within the time provided in the notice, the Person in violation shall take and provide written evidence of corrective action, or submit to the Commissioner its reasons, with evidence, why the determination should be withdrawn. If it is finally determined after review of the Person’s submissions that the Person is in violation, the Commissioner shall prescribe remedies as provided by this Section. The Person shall be given written notice of the final determination and the reasons therefor.
(c) Denial of Permits; Termination of ROW Registration.
(.2) The Commissioner may terminate a ROW Registration, other than a Franchise, termination of which shall be governed by the Cable Acts and the Franchise Agreement, if the violation(s) found under subsection (b) include:
(.a) construction of Facilities in the ROW, except in the case of an Emergency Condition, without first obtaining the permits required by this Chapter, and in the case of Emergency Condition, construction of Facilities without obtaining such permits within the time required by the Commissioner by regulation;
(.b) in the case of entities that are not regulated by the PUC or subject to the Cable Acts, an unauthorized Transfer of Interest;
(.c) willful misrepresentation by or on behalf of a Registered User in any application to the City;
(.d) in the case of entities that are not regulated by the PUC, failure to relocate or remove any Facilities as required in Chapter 11-200
(.e) failure to pay taxes, compensation, fees or costs when and as due the City;
(.f) insolvency or bankruptcy of the Registered User, unless the Registered User continues to operate as a debtor in possession pursuant to Chapter 11 of the United States Bankruptcy Code; or
(.g) uncured act or omission that constitutes a danger to the public health, safety, and welfare.
(.3) Upon termination of a ROW Registration, whether by action of the City or otherwise, the Registered User shall cease using the Facilities authorized thereby. The City may, to the extent permitted by law, either take possession of the Facilities in the Right-of-Way, or require the Registered User or its surety to remove the Facilities and restore the Right-of-Way to a condition satisfactory to the Commissioner, or, if the Registered User fails to remove the Facilities as required by the City, the City may remove the Facilities and restore the Right-of-Way at the expense of the Registered User. The Registered User’s foregoing obligation to remove Facilities shall survive the termination of the Registered User’s ROW Registration. In the case of the termination of a Franchise, the City’s rights and remedies shall be as determined by the Franchise Agreement and the Cable Acts.
(d) If a Person in violation of this Chapter does not hold a ROW Registration pursuant to this Chapter, the Person may be disqualified by the Commissioner from applying for or obtaining a ROW Registration.
(3) No Substitute for Other Required Permissions. No ROW Registration, Street Closure Permit or Street Opening Permit issued pursuant to this Chapter includes, means, or is in whole or part a substitute for any other permit or authorization required by the laws and regulations of the City for the privilege of transacting and carrying on a business within the City; or any permit or agreement for occupying any other property of the City or private Persons to which access is not specifically permitted by the ROW Registration; or any permit, license, or authorization required to place a Facility in the Right-of-Way.
(4) No Waiver. The City’s failure to require a Registered User to comply with any provision of this Chapter shall not constitute a waiver of the City’s right to require that Registered User or any other Registered User comply with this Chapter or other applicable law at any time.
Notes
| 152 |
§ 11-708. Traffic Calming Measures for Schools, Recreation Centers, Playgrounds, Parks, Libraries and Senior Housing. 153
(1) Legislative Intent. It is the purpose of this legislation to prevent those more vulnerable to traffic accidents, such as individuals attending school, recreation centers, playgrounds, parks, libraries, or those with reduced mobility and/or slower reaction times in senior housing, from being struck by vehicles in the City of Philadelphia.
(2) Required Traffic Calming Measures. The Department, in consultation with the School District, Free Library of Philadelphia, Parks and Recreation, Recreation Centers and Senior Housing facilities, is authorized to install traffic calming measures on streets in the vicinity of Recreation Centers, Playgrounds, Parks, Libraries, Senior Housing facilities and School District schools, including Charter Schools, and private schools as designated by the Department. Such traffic calming measures shall include, but not be limited to, speed cushions, speed tables, soft rumble strips, and other measures the Department deems to be necessary.
Notes
| 153 |