(a) No person, firm, organization or corporation shall install, operate or continue to operate a telecommunication system within the City without having first obtained a telecommunication permit authorizing the establishment of such a system. Evidence of certification from the Public Utilities Commission of Ohio, if required by state law or regulation, shall be provided to the City at the time of permit application.
(b) No person, firm, organization or corporation shall use, occupy or traverse City streets, lanes, avenues, sidewalks, alleys, bridges or any other public place in the City for the purpose of installing, operating or furnishing telecommunication service to subscribers without first having obtained the permit required by this chapter.
(c) The permit required by this chapter shall contain such terms as are acceptable to the Mayor and the Director of Law, shall be approved by the City Council, and shall be signed by the Mayor on behalf of the City before issuance to the permittee. The permit shall authorize the permittee to operate a telecommunication system within the City in compliance with the terms and conditions of this chapter.
(d) No permit shall be required for any telecommunication service being provided under a general right of way permit granted under Chapter 945. Any holder of a Chapter 717 telecommunications permit and any company for whom issuance of a permit has been duly authorized by City Council, excluding cable television service providers, wishing to be subject to the provisions of Chapter 945 shall have until June 30, 2003 to apply for a right of way permit under Chapter 945. A Chapter 945 general right of way permit shall be required for any holder of a telecommunications permit to install. Upon the issuance of a right of way permit under Chapter 945, the Chapter 717 telecommunications permit shall be terminated and the permittee shall be subject only to the requirements of Chapter 945 for as long as it holds a valid permit under Chapter 945. Cable television permittees and their telecommunication service provider Affiliates, as defined in section 945.01(d), using the same cable television facilities, as well as any holder of a telecommunications permit to operate after June 30, 2003, shall be subject to Toledo Municipal Code sections 945.08, 945.09, 945.10, 945.11(a), 945.13, 945.15, 945.16, 945.17, 945.18, 945.19, 945.20, 945.21 and 945.99 which, in the event of a conflict with similar provisions in Chapter 717, shall be controlling.
(Ord. 375-02. Passed 10-8-02.)
(e) The policy of this chapter is to establish an impartial, competitive environment which will promote the development of telecommunication services by numerous providers while protecting the public right-of-way and ensuring adequate compensation for its use. It is the intent of this chapter that all providers of telecommunication services shall be equally subject to its terms.
(Ord. 398-97. Passed 6-24-97.)