(a) Administration. The Mayor shall be the principal City official responsible for the administration of this chapter, except as otherwise provided herein. The Mayor may delegate any or all of the duties hereunder to the Director of Public Service or other designee.
(b) Rights-of-Way Occupancy. Each Person who occupies, uses or seeks to occupy or use the Rights-of-Way to operate a System located in the Rights-of-Way, or who has, or seeks to have, a System located in any Rights-of-Way, shall apply for and obtain a Certificate of Registration pursuant to this chapter. Any Person owning, operating or maintaining a System in the Rights-of-Way without a Certificate of Registration, including Persons operating under a permit, license or franchise issued by the City prior to the effective date of this chapter shall apply for and obtain a Certificate of Registration from the City within ninety (90) days of the effective date of this chapter, unless exempted by subsection (b)(4) hereof. The ninety (90) day requirement will be extended if, due to an inability on the City's behalf, all Persons obtaining or wishing to obtain a Certificate of Registration are not accommodated within the ninety (90) day period. The application for a Certificate of Registration will consist of providing the information set forth in Section 961.05(b) and as reasonably required by the Mayor.
(c) No Construction Without a Certificate of Registration. Following the effective date of this chapter, no Person shall Construct or perform any work on or in any Rights-of-way, nor use any System or any part thereof located on or in any Rights-of-Way without first obtaining a Certificate of Registration. Whoever violates this section is guilty of a misdemeanor.
(d) Exceptions.
(1) The following entities are not obligated to obtain a Certificate of Registration: the City and resellers of Services that do not own any System or Facilities in the Rights-of-Way.
(2) The following entities are required to participate in the Certificate of Registration process, but shall be exempt from the financial obligations of the Application Fee required by Section 961.05(a) and the Registration Maintenance Fee required by Section 961.06(a): a county; Cable Operators for the purpose of providing only Cable Service and operating pursuant to a valid Cable Franchise; a Video Service Provider for the purpose of providing only Video Service and operating pursuant
to a valid Video Service Authorization issued in accordance with Ohio R.C. 1332.24; a Small Cell Facility Operator for the purpose of providing Wireless Service; and any entity which possesses an existing and valid non-terminable, non-amendable or non- revocable written privilege or authority previously granted by the City for the use or occupancy of the Right-of-Way, whereby such exemption shall be limited to a specific term and limited conditions or obligations as previously granted. In addition, cable operators shall be exempt from any requirement of the certificate of registration process that is in direct conflict with the requirements of, and/or specifically exempted by, a valid current and valid cable franchise with the city.
(e) Systems in Place Without a Certificate of Registration. Any system or part of a system found in Rights-of-Way for which a Certificate of Registration has not been obtained or is not otherwise exempted under subsection (d)(1) hereof shall be deemed to be a nuisance and an unauthorized use of the Rights-of-Way. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to abating the nuisance; taking possession of the facilities and/or noncomplying portion of such system; and/or prosecuting the violator.
(f) Future Uses. Subject to applicable Law, in allowing Providers and Permittees to place Facilities in the Rights-of-Way, the City shall not be liable for any damages caused thereby to any Provider's Facilities that are already in place or that shall be placed in the Rights-of-Way unless those damages arise out of the sole negligence, gross negligence, willful misconduct, or fraud of the City. No Provider is entitled to rely on the provisions of this chapter as creating a special duty to any Provider.
(g) Discontinuance of Operations, Abandoned and Unused Facilities.
(1) A Provider who has discontinued or is discontinuing its operations of any System in the City shall, not less than thirty (30) days after discontinuing operations of the System, send written notice of the discontinuance to the Director of Public Service.
(2) If use of a System has been discontinued for a period exceeding ninety (90) consecutive days or a total of one hundred eighty (180) days in any 365-day period, without notice of discontinued operations given to the City by the Provider, and except for a period caused by acts of God as established in Section 961.19(j) of this chapter, the System shall be deemed abandoned.
(3) Abandoned Systems are deemed to be a nuisance and the City may exercise any remedies or rights it has in law or in equity including, but not limited to:
A. Abating the nuisance and taking all action necessary to recover the City's costs and to abate said nuisance, including, but not limited to, those methods set forth in O.R.C. § 715.261;
B. Taking possession of the System and restoring it to a useable condition subject to a finding of the PUCO pursuant to the requirements of O.R.C. § 4905.20 and O.R.C. § 4905.21; or
C. Requiring removal of the System by the Provider or the Provider's surety.
(h) Nature of Issuance. A Certificate of Registration shall not convey equitable or legal title in the Rights-of-Way. A Certificate of Registration is only the nonexclusive, limited right to occupy Rights-of-Way in the City, for the limited purposes and for the limited period stated in the Certificate of Registration and in accordance with this chapter. The rights to occupy the Right-of-Way may not be subdivided or subleased; provided, however, that two (2) or more Providers may locate Facilities in the same area of the Rights-of-Way so long as each such Provider complies with the provisions of this chapter. Such Providers may file a joint application for a Construction Permit. A Certificate of Registration does not excuse a Provider from obtaining appropriate access or pole attachment agreements before locating its Facilities on Facilities of others, including the City's Facilities. A Certificate of Registration does not prevent a Provider from leasing space in or on the Provider's System, so long as the sharing of Facilities does not cause a violation of law, including the provisions of this chapter. A Certificate of Registration does not excuse a Provider from complying with any provisions of the Code or other applicable law.
(i) Other Approvals, Permits, and Agreements. In addition to a Certificate of Registration, Providers shall obtain any and all regulatory approvals, permits, authorizations, or licenses necessary for the offering or provision of such Services from the appropriate federal, state and local authorities and upon the City's reasonable request, shall provide copies of such documents to the City. Further, a Certificate of Registration issued pursuant to this chapter shall not entitle a Provider to use, alter, convert to, or interfere with, the Facilities, Wireless Facilities, Wireless Support Structures, easements, poles, conduits, lines, pipelines, wires, fiber, cable or any other real or personal property of any kind whatsoever under the management or control of the City.
(Ord. 53-2018. Passed 6-28-18; Ord. 86-2021. Passed 9-23-21.)