(A) Permit required. No person shall use the public utility easements and rights-of-way to provide telecommunications services without a permit issued pursuant to this subchapter or a consent agreement under division (B) below. For purposes of this subchapter, use of the public utility easements and rights-of-way includes the installation, construction, maintenance, repair or operation of a telecommunications system within the public utility easements and rights-of-way. In addition, a person providing local exchange service or other local telecommunications services is using the public utility easements and rights-of-way for purposes of this subchapter whether the person owns the facilities in the public utility easements and rights-of-way outright or obtains the use of or access to the facilities from a third party under lease, contract, interconnection or wholesale for retail or other similar arrangement. Failure to comply with the permit requirement of this section shall constitute a violation of this subchapter. A person who violates this requirement shall comply with all requirements of this subchapter applicable to a permittee and shall pay the annual fee plus late payment charges as provided by § 115.25 for the time period in which the violator did not have a permit plus the actual costs incurred by the township in enforcing this subchapter against the person.
(B) Consent agreement. If a telecommunications provider negotiates a consent agreement with the township under the provisions of division (A) above, and the township determines that the consent agreement substantially satisfies the obligations of a telecommunications provider under this subchapter, giving due regard to any special circumstances involving the telecommunications provider, the consent agreement will be deemed to satisfy the requirement of a permit under this subchapter and under the Telecommunications Act. When a consent agreement is no longer in effect, the telecommunications provider shall be required to comply with all terms and conditions of this subchapter as it may be amended from time to time.
(Prior Code, § V-2.03)