717.01 Definitions.
717.02 Permit required.
717.03 Permit terms.
717.04 Permit fees.
717.05 Construction.
717.06 Use of existing facilities; maintenance.
717.07 Compensation.
717.08 Existing telecommunication systems.
717.09 Cable television service to community facilities.
717.10 Audit; access to records.
717.11 Indemnification.
717.12 Insurance.
717.13 Discontinued use of facilities.
717.14 Revocation.
717.15 Cable television customer service standards.
717.16 Public, educational and governmental ("PEG") access cable television programming.
717.17 Cable Television Institutional Network.
717.18 Transfer of ownership or control.
717.19 Compliance with laws.
CROSS REFERENCES
Franchises - see CHTR. § 215 et seq.
Unauthorized connections - see Ohio R.C. 4933.42
General business licensing provisions - see BUS. REG. Ch. 701
(a) "Alternate access" or "competitive access" means the connection between a customer premises and a point of presence of an interexchange carrier for the transmission of voice, data or video/image information by an entity other than the local exchange carrier authorized or permitted to provide such service.
(b) "Applicant" means any person, firm, organization or corporation engaged in the telecommunications business.
(c) "Basic local exchange service" means the end user and carrier access to and usage of telephone company-provided facilities that enable customers, over a local exchange telephone company network operated within a local service area, to originate or receive voice grade, data, or image communications and to access interexchange or other networks.
(d) "City" means the City of Toledo.
(e) "Commission" means the Public Utilities Commission of Ohio.
(f) "Community antenna television system" whenever used in this chapter includes community antenna television, multichannel video programming and the transmission of video or other programming service to subscribers and any subscriber interaction required for the selection of that video or other programming service.
(g) "Gross revenues" means all cash, credits, or property of any kind or nature reported as revenue items to permittee's audited income statements arising from the provision or resale of telecommunication services within the City including but not limited to installation charges, maintenance charges, equipment rental, voice service, video service, information service and all other services which use the permittee's telecommunication facilities within the City and any interconnection between its system in the City and any other system whatsoever. Gross revenues shall not include any: advertising income; lease, rental, production, and non-facility based income; income from contracts other than subscriber contracts; administrative income, such as fines, late charges, and other revenues derived from administrative programs; bad debts; deposits; promotional or vendor discounts or credits; or sales, service, occupation or other excise tax to the extent such taxes are charged separately from normal service charges and are remitted by the permittee directly to the taxing authority.
(h) "Innerduct" means a single, enclosed raceway for conductors, optical fiber, wire or other cable.
(i) "PCS" means personal communications services which involves portable wireless two-way communication via interconnected cells.
(j) "Permittee" means any applicant issued a telecommunication permit under this chapter or any person, firm, organization or corporation holding a license or agreement to operate a telecommunication system within the City.
(k) "Public Service" means the Department of Public Service of the City of Toledo.
(l) "Telecommunication permit" means the nonexclusive right granted by the City which authorizes the construction, operation, maintenance and use of a telecommunication system that occupies the streets, lanes, avenues, sidewalks, alleys, bridges or any other public place within the City.
(m) "Telecommunication service" means voice, video or data transmission over a telecommunication system, the lease of a telecommunication system to third-party resellers, or other access or private line service.
(n) "Telecommunication system" means all facilities and other property owned, used or leased by the permittee to provide telecommunications services in the City including, but not limited to, community antenna television systems.
(Ord. 398-97. Passed 6-24-97.)
(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.)
(a) Every telecommunication permit shall be a nonexclusive permit continuing in full force and effect for a period of ten years so long as the permittee is in compliance with all terms and conditions contained in this chapter, and the space occupied by permittee's facilities in the public right of way is not needed for a public purpose. The term of a particular permit may be shortened or lengthened with the approval of City Council.
(b) Every telecommunication permit issued under this chapter shall describe the telecommunications services that the permittee is authorized to provide. A permittee is authorized to provide only those services described on the permit.
(c) Every telecommunication permit issued under this chapter shall authorize the permittee to operate only in those locations as to which the permittee has obtained construction permits from the City in accordance with this chapter.
(d) The Central Permit Center shall be authorized to issue construction permits to permittees for the construction of facilities for use in the operation of telecommunication systems.
(e) Permittee agrees to serve on the City all filings made at the Public Utilities Commission of Ohio relating to the services provided by permittee's telecommunications system in Toledo.
(Ord. 398-97. Passed 6-24-97.)
(a) Each applicant and/or recipient of a telecommunications permit shall pay a permit request fee of $100.00.
(b) Any recipient of a telecommunications permit who is not required to pay the gross receipts charge authorized by Section 717.07(a) shall pay the following fees to the City each year for use of the right-of-way, provided, however, that said fees shall be capped at an amount equal to four and one-half percent (4.5%) of permittee's annual gross revenues as calculated in Section 717.07:
(1) For systems connecting local customers with interexchange carriers or for any other telecommunications service not specifically described, a minimum fee of $1,000.00 per year or $1,000.00 per linear mile of right-of-way, whichever is greater.
(2) For wireless or personal communications systems, the greater of:
A. A minimum of $1,000.00 per year;
B. $1,000.00 per linear mile of right-of-way; or
C. $100.00 per cell site, antenna, node or other signal carrying site which utilizes the City right-of-way by means of a land line.
(3) For lines, cables or fiber optics of an applicant placed in a conduit or duct-bank owned by another telecommunication permittee or licensed provider, the fee shall be one-half of the otherwise applicable fee.
(Ord. 190-03. Passed 3-18-03.)
(c) If the permittee is given permission to utilize conduit or duct-bank owned by the City, the fee shall be double the otherwise applicable fee listed in subsection (b) above whether or not the permittee pays the gross receipts charge. In addition, where the permittee uses such City-owned conduit or duct-bank, the permittee shall, where feasible, separately construct a minimum one and one-half inch (1½") conduit with innerduct for the City's sole use at permittee's expense and any other improvements required by the City in connection with the use and upgrading of the conduit. The City shall not sell, lease, sub-lease, or otherwise allow a third party to use any conduit or duct-bank or cable that a permittee constructs or designates for use by the City except as authorized by permittee.
(Ord. 398-97. Passed 6-24-97.)
(a) Before commencing construction of its telecommunication system, the permittee shall submit detailed plans to the Department of Public Service for approval. Upon approval by the Department of Public Service and the acquisition of all other permits and approvals, permittee shall give Public Service at least ten (10) days written notice of the initiation of construction together with an initial construction schedule.
(b) Permittee's system shall be constructed and maintained in such manner as not to interfere with sewer and water lines of the City, visibility of traffic control devices or with any other pipes, lines, wires, conduits or other facilities that may have been placed in the City's public places. All excavations made by the permittee shall be properly safeguarded for the prevention of accidents.
(c) In the event permittee's facilities will be placed in a conduit, duct-bank or on a pole owned by another permittee, permittee shall present a copy of an agreement or license authorizing such use to Public Service with the written notice.
(d) If Permittee excavates or otherwise disturbs the surface of any street or public way, permittee shall be responsible for maintenance of the area affected by the excavation and shall promptly restore the street or public way in accordance with the City's standard construction regulations including, but not limited to, Toledo Municipal Code Chapters 903, 905, 911 and 945 and regulations promulgated thereunder.
(e) Permittee shall comply with all applicable City and state regulations relating to the construction, maintenance or repair of its telecommunication system.
(f) Every holder of a telecommunication permit shall use its best efforts to cooperate with every other permit holder and the City for the best, most efficient, most aesthetic and least obtrusive use of the right-of-way including, but not limited to, participation in joint planning and advance notification of right-of-way work and participation in the underground utility facilities protection service. However, the City shall not impose any requirement on a provider which would impair its contractual rights with third parties or constitute a taking of such provider's property without just compensation.
(Ord. 398-97. Passed 6-24-97.)
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