902.11 ADOPTION OF RULES AND REGULATIONS.

   (a)   In accordance with the provisions of this Chapter 902, the Director of Public Service, after providing actual notice to and seeking input from all Providers with Systems in the City Rights of Way, may promulgate administrative Rules and Regulations, as the Director of Public Service deems appropriate, to carry out the express purposes and intents of this Chapter.

   (b)   Such Rules and Regulations shall not materially increase the obligation of any Provider hereunder, provided however that:

      (1)   The adoption of Rules and Regulations increasing fees; or

      (2)   The requiring of the placement of Facilities in designated portions of the Rights of Way underground; or,

      (3)   The requiring of:

         A.   The overbuilding of Facilities; or,

         B.   Joint builds shall not be construed as materially increasing the obligation of a Provider; and,

      (4)   The Rules and Regulations promulgated by the Director of Public Service under this Section shall be published and kept on file in the Office of the Director of Public Service.

   The proposed Rules and Regulations shall become effective the earliest date allowed by law. (Ord. 39-01. Passed 9-18-01.)