(A) Applications shall be accompanied by a non-refundable application fee of $10,000 payable to the city. Said application fee shall not be considered franchise fee payments.
(B) The city reserves the right to reject any and all applications that fail to comply with the application requirements of this chapter, and waive informalities, and/or technicalities where the best interest of the city may be served.
(C) All questions regarding the meaning or intent of the chapter or application documents shall be submitted to the city in writing. Replies will be issued by addenda mailed or delivered to all parties recorded by the city as having received the application documents. The city reserves the right to make extensions of time for receiving applications as it deems necessary. Only replies to questions by written addenda will be binding. All applications must contain an acknowledgment of receipt of all addenda.
(D) Applications must be submitted at the time and place indicated in the application documents. Applications may be modified at any time prior to the opening of the applications, provided that any modifications must be duly executed in the manner that the applicant’s application must be executed.
(E) Before submitting its application, each applicant must:
(1) Examine the ordinance and the application documents thoroughly;
(2) Familiarize itself with local conditions that may in any manner affect performance under this chapter, and
(3) Familiarize itself with federal, state and local laws, ordinances, rules and regulations affecting performance under the franchise.
(F) The city may make such investigations as it deems necessary to determine the ability of the applicant to perform under the franchise, and the applicant shall furnish to the city all such information and data for this purpose as the city may request. The city reserves the right to reject any application if the evidence submitted by, or investigation of, such applicant fails to satisfy the city that such applicant is properly qualified to carry out the obligations of the franchise and to complete the work contemplated therein. Conditional applications will not be accepted.
(G) All applications received by the city from the applicants will become the sole property of the city. Applicants shall submit all requested information as provided by the terms of this chapter. The following information must be complete and verified as true by the applicant:
(1) Name and address of applicant. The applicant’s name, address, e-mail address and telephone and facsimile numbers; date of application and signature of applicant or appropriate corporate officer(s); the name, address and e-mail address, and telephone and facsimile numbers of a local representative who shall be available at all times; and information regarding how to contact the local representative in an emergency.
(2) Description of proposed telecommunications system. A description of the applicant’s proposed telecommunications system design.
(3) Services. A statement setting forth a description of all the types of telecommunications services proposed.
(4) Applicant organization. The applicant shall be a corporation or limited liability company authorized to do business in the Commonwealth of Kentucky, as certified by the secretary of state. Applicant must fully disclose the ownership of the facilities to be used in rendering the telecommunications service.
(5) Technical description. Applicant shall provide a technical description of the type of telecommunication system proposed by the applicant and applicant’s plan for the installation of the telecommunications system. Telecommunications system designs are to be submitted in bullet format detailing equipment start point, routes and end point location accompanied by network routing maps(s). The following information shall be included:
(a) If the applicant is proposing an underground installation in existing ducts or conduits within the rights-of-way, information in sufficient detail to identify the location of the existing ducts or conduits to be occupied.
(b) If applicant is proposing an underground installation within new ducts or conduits to be constructed within the rights-of-way, the location, depth, size and quantity of proposed new ducts or conduits.
(c) A preliminary installation schedule and completion date.
(6) Engineering statement. A statement from the applicant’s senior technical staff member, or consultant, advising that the applicant’s planned telecommunications system and operations thereof would meet all the requirements set forth herein.
(7) Additional requirements.
(a) Supplementary, additional or other information that the applicant deems reasonable for consideration may be submitted at the same time as its application but must be separately bound. The city may, at its discretion, consider such additional information as part of the application.
(b) A copy of the applicant’s certificate of authority from the PSC where the applicant is lawfully required to have such certificate from the PSC.
(c) A copy of all insurance policies or certificates required under this chapter.
(d) A statement signed by the applicant that the applicant agrees to be bound by all provisions of this chapter and its franchise and agrees to obtain all applicable permits and authorizations prior to constructing, installing, or operating a telecommunications system in the rights-of-way.
(H) The information provided by applicant shall be certified as true and correct and applicant shall be responsible to certify to the city any material changes to the information provided in the completed application during the term of any franchise.
(I) The city reserves the right to require such supplementary, additional or other information that it deems reasonably necessary for its determinations.
(J) The city reserves the right to waive all formalities and/ or technicalities where the best interest of the city may be served.
(K) Any work involving a material alteration of any portion of the (a) telecommunications system or facilities or (b) the rights-of-way itself, such as any significant excavation or deviation thereof, must be approved in advance by: (1) a licensed structural engineer at grantee’s sole cost and expense if applicable; (2) the city; and (3) the building or codes department of the Planning Commission, if applicable.
(Ord. 22-08, passed 4-12-22)