A network provider shall be permitted to attach network nodes to city-owned service poles, consistent with applicable law and city code and subject to the requirements specified herein.
(A) Permits. A network provider shall obtain a permit, pursuant to the terms of this chapter, prior to collocating network nodes on service poles.
(B) Make ready. Network provider shall be responsible for costs for make ready work on city service poles to which provider seeks to place a network node.
(C) Technical limitations. In the event the city determines, based upon technical grounds, that inadequate space exists on a service pole to accommodate the proposed network node, such pole may be replaced by network provider, at the network provider's expense, with a service pole with adequate space to accommodate the proposed network node.
(D) Facilities rearrangements. If another provider would have to rearrange or adjust any of its facilities to accommodate a new network node, the city shall use reasonable efforts to work with the affected providers to coordinate such activity. All make ready work shall comply with NESC, and other applicable codes. The applicant shall not be responsible for any third-party costs, including those of other network providers, to adjust existing attachments that are non-compliant with the NESC and other applicable codes at the time of the application.
(E) Service pole attachment fee. The rate to collocate a network node on a service pole in the public right-of-way shall be as set in the city's fee schedule. Subject to the provisions of § 157.10, such compensation together with the application fee and the public right-of-way rate specified in § 157.08 shall be the sole compensation that the network provider shall be required to pay to the city.
(F) Cease payment. A network provider is authorized to remove its facilities at any time from a service pole in the public right-of-way and cease paying the attachment fee to the city upon notification to the city that the facilities have been removed.
(Ord. 101-18, passed 2-20-18; Ord. 101-21, passed 3-16-21)
Cross-reference:
Fee schedule, see § 38.01