(a) Consent Required to Occupy Right-of-Way. No Person shall Occupy or Use the Right-of-Way without obtaining prior consent from the Village to do so.
(b) Persons Required to Apply for Consent to Occupy or Use Right-of-Way.
(1) The following Persons shall apply to the City for consent to Occupy or Use the Right-of-Way on a form provided by the Director of Public Service if such Person:
A, Does not currently have an existing System or Facilities in the Village's Right-of-Way and desires to Construct a System or Facilities in the Right-of-Way;
B. Has an existing System or Facilities in the Right-of-Way on the effective date of this Chapter and does not have presumed initial consent under Section 933.02(c)(1) below; or
C. Has initial presumed consent or City consent to Occupy or Use the Right-of-Way for an existing System or Facilities, but is planning
(i) A Capital Improvement or Reconstruction of existing Facilities; or
(ii) To Construct additional Facilities or an additional System anywhere in the Village.
(c) Initial Consent Presumed.
(1) A Person with existing Facilities in the Right-of-Way on the effective date of this Chapter shall be presumed to have initial consent for those Facilities to Occupy or Use the Right-of-Way if such Person:
A. Is subject to jurisdiction by the PUCO;
B. Has a valid franchise agreement with the Village to provide Cable Services or other Services in the Village, and/or
C. Is any other Person whose existing Facilities lawfully Occupy the Right-of-Way on the effective date of this Chapter.
(2) Initial presumed consent for Occupancy or Use of the Right-of-Way is limited to the Service Provider's existing Facilities.
(3) Any Service Provider with initial presumed consent to Occupy or Use the Rights-of-Way shall file an Initial Registration with the Village within ninety (90) days of the effective date of this Chapter, on a form provided by the Director of Public Service, which shall include the information required by Section 933.02(d) of this Chapter.
(4) A Person with initial presumed consent must comply with the requirements of this Chapter with respect to the ongoing Occupancy or Use of the Right-of-Way including, but not limited to, the Insurance, Indemnity, Performance Bond and Registration requirements of Sections 933.04(a), (b) and (c) and 933.05 of this Chapter.
(d) Application for Consent to Occupy or Use the Right-of-Way and Initial Registration of Service Providers with Initial Presumed Consent. The application for Consent to Occupy or Use the Right-of-Way and/or initial registration pursuant to Section 933.02(c) for Service Providers with initial presumed consent to Occupy or Use the Right-of-Way shall include the following information with respect to the applicant's or Service Provider's planned or existing System and/or Facilities in the Right-of-Way as well as plans for any planned Capital Improvements or Reconstruction for the following twelve (12) months:
(1) The identity, legal status and federal tax identification number of the applicant, including all Affiliates of the applicant or Service Provider that will Use or Occupy the Right-of-Way or are in any way responsible for Facilities located in the Right-of-Way.
(2) The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the application or initial registration and available at all reasonable times to be notified in case of emergency.
(3) A general description of the Service provided or to be provided by the applicant or Service Provider over its System or Facilities. Where Services are or will be provided by a nonaffiliated provider, the applicant or Service Provider shall identify that provider.
(4) A description of the type of transmission medium used, or to be used, by the applicant or Service Provider to operate a System.
(5) A description of the existing or proposed Facilities in the Village's Right-of-Way, all in sufficient detail to identify:
A. The location and route of the applicant's or Service Provider's Facilities or proposed Facilities.
B. The location of all known existing Overhead and/or Underground Facilities in the Right-of-Way along the route or proposed route of the applicant's or Service Provider's Facilities or proposed Facilities that is sufficient to show the impact of the applicant's Facilities on other existing Facilities.
C. The location of all known overhead and underground Utility Easements.
(6) Evidence that the applicant or Service Provider has complied, or will comply, with the Indemnification, Insurance, Performance Bond and Construction Bond requirements of this Chapter.
(7) Information sufficient to determine that the applicant or Service Provider has received any certificate of authority required by the PUCO, FCC or other applicable State or Federal Agency to operate a System and provide Services in the Village.
(8) Written acknowledgement of receipt of a copy of this Chapter.
(9) Such other information as the Director of Public Service may reasonably require relevant to the Provider's Use or intended Use of the Right-of-Way.
(e) Village Consent or Denial for Occupancy or Use of the Right-of-Way.
(1) The Village shall grant or deny, in writing, a Person's application for consent to Occupy or Use the Right-of-Way within sixty (60) days of the date on which the Person filed the application with the Village.
A. The Village may withhold, deny or delay its consent to a Person's application to Occupy or Use the Right-of-Way based on the Person's failure to possess the financial, technical and managerial resources necessary to protect the public health, safety and welfare, or for other reasons based on the health, safety and welfare of the Village and in accordance with Ohio law.
B. If the Village denies a Person's application to Occupy or Use the Right-of-Way, the Village shall provide its reasons in writing for denying the application, and shall provide any information reasonably requested by that Person necessary to obtain the Village's consent to Occupy or Use the Right-of-Way.
(2) The Village's grant of consent for a Person to Occupy or Use the Right-of-Way shall be in the form of a Right-of-Way Occupancy Certificate which shall set forth the specific terms of the Village's consent for such Person to Occupy or Use the Right-of-Way.
(f) Application to Existing Franchise. For purposes of this Chapter, a Franchise (ordinance or agreement) shall be deemed consent authorizing the Franchisee's Occupancy or Use of the Right-of-Way to the extent described in the Franchise. The Franchisee's use of the Right-of-Way beyond that authorized by the Franchise shall require additional consent for such additional Occupancy or Use. Franchisees shall comply with all other provisions of this Chapter except that if there is a direct conflict between a specific provision in the Franchise and the provisions of this Chapter, the Franchise shall control.
(Ord. 65-2017. Passed 11-6-19.)