902.04 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 Codified Ordinances Chapter 902 and all Laws including any Rules and Regulations adopted by the Director of Public Service. The rights to locate Facilities and/or a System in and the rights to occupy the Right of Way itself may not be subdivided or subleased; provided, however provider may sublease capacity (or other non-material Facility aspects) and two or more Providers may collocate Facilities in the same area of the Rights of Way so long as each such Provider complies with the provisions of this Chapter. Collocating 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 collocating 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 this Chapter or other applicable Law.

(Ord. 39-01. Passed 9-18-01.)