(a) Initial Registration. Any service provider with initial presumed consent to occupy or use the public right-of-way as provided in Section 848.02(b) shall file an initial registration with the city within ninety (90) days of the effective date of this chapter, on a form provided by the city, which shall include the information in Section 848.02(c)(2) of this chapter. Public utilities operating under a tariff issued by the State of Ohio and regulated by the PUCO shall not be required to file a registration for tariff related activities other than filing a copy of their state tariff and a summary one year proposed capital plan, as available, as set forth in this chapter.
(b) Annual Registration Required. All service providers with consent to occupy or use the public right-of-way as provided in Section 848.02 shall register with the city each calendar year between January 1 and January 31 on a form provided by the city. Service providers who file an initial registration after the effective date of this chapter but before January 1, 2007 need not file an annual registration for calendar year 2007. Public utilities operating under a tariff issued by the State of Ohio and regulated by the PUCO shall not be required to file a registration for tariff related activities other than filing a copy of their state tariff and a summary one year proposed capital plan, as available, as set forth in this chapter.
(c) Purpose of Registration. The purpose of registration under this Section 848.03 is to:
(1) Compile, update and supplement the city's database so that the city has accurate and current information concerning the service providers that own or operate facilities and/or services in the city's public rights-of-way;
(2) Assist the city in monitoring the usage of the public right-of-way in order to ensure that the public receives the maximum possible benefit from that use and the use is consistent with the best management and care of the public right-of-way;
(3) Assist the city in the collection and enforcement of any municipal taxes, franchise fees, compliance fees or charges that may be due the city;
(4) Assist the city in monitoring compliance with local, state and federal laws.
(d) Information Required for Registration. Registration forms will be provided by the city and shall require the following information:
(1) Any material changes to the information the service provider provided the city in the application for consent to occupy or use the public right-of-way, including, but not limited to:
A. The identity, legal status, and federal tax identification number of the service provider, including any affiliates.
B. The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the service provider's registration statement and available at all reasonable times to be notified in case of emergency.
(2) Evidence that the service provider is in compliance with the insurance, indemnity and performance bond requirements pursuant to Section 848.02(e), (f) and (g) of this chapter.
(3) Information regarding, and a preliminary construction schedule and completion date for, any capital improvements the service provider plans in the city's public right-of-way for the twelve (12) months following the date of registration, including:
A. A description clearly showing the location of all the proposed capital improvements, including horizontal and vertical information; facility type, size, depth, and capacity; or such other information the city engineer determines is necessary. In no event shall the description of the proposed capital improvement be less that by city quadrant and/or street name and facility type. The service provider shall update all required information as soon as it becomes available.
B. If the service provider is constructing a new system or reconstructing all or a portion of its existing system, general description of the proposed system and the facilities utilized to provide the service that the service provider intends to offer or provide over the system within the city. Where a service will be provided by a non-affiliated provider, the service provider shall identify that provider.
C. Information sufficient to determine that the service provider has applied for and received any certificate or authority required by PUCO to provide services or operate a system in the city.
D. Information sufficient to determine that the service provider has applied for and received any construction permit, operating license, certification, or other approvals required by the federal communications commission to provide telecommunications or cable services over a system in the city.
(4) Such other information as the city may reasonably require.
(e) Facilities Maps. The city shall have the right to access and review all the service provider's maps and/or as-built plans showing the location of its facilities in the city's right-of-way, upon ten (10) days notice to the service provider. Public utilities operating under a tariff issued by the State of Ohio and regulated by the PUCO and for tariff related activities will respond to the city's request for facility information through the Ohio Utility Protection Service (OUPS) design ticket process, in accordance with the Ohio Revised Code.
(f) Registration to Be Kept Current. Service providers required to file initial and annual registrations shall keep all required information current at all times and shall provide the city with notice of changes to the required information within fifteen (15) days following the date on which the service providers has notice of such change.
(g) Registration Fee. Each service provider, except as provided in Section 848.09, shall pay an annual registration fee as determined by the city engineer to reimburse the city for its administrative costs related to maintaining annual registration and as provided in Section 848.08, to the extent such fee is permitted by Ohio R.C. 4939.05.
(Ord. 2006-55. Passed 9-18-2006.)