§ 78-405. Communications placement permit.

(a)

Duration of permit . All work authorized by a communications placement permit shall be completed within one year from issuance, unless extended in writing by the city.

(b)

Effect of permit .

(1)

A registrant that has obtained a communications facility right-of-way placement permit and is in compliance with this article, authorizes the registrant to undertake only the activities in the public right-of-way specified in the application and permit, and in accordance with this article, this code and applicable law, and any general conditions included in the permit. A permit does not authorize attachment to or use of existing poles or structures in the rights-of-way owned by third parties and the registrant must obtain all necessary approvals from the non-city owner of any pole or structure prior to any attachment or use. A permit does not create a property right in the right-of-way and does not grant authority to the registrant to interfere with other existing uses of the public right-of-way.

(2)

A registrant that has obtained a communications facility right-of-way placement permit and is in compliance with this article, shall be allowed to perform (i) emergency maintenance, (ii) routine maintenance, (iii) replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size, or (iv) installation, placement, maintenance or replacement of exempt micro wireless facilities that are suspended on cables strung between existing utility poles, within the public rights-of-way without first obtaining another communications facility right-of-way placement permit; however, a right-of way permit for obstruction or excavation of the public right of way may still be required pursuant to sections 78-410 and 78-431. In the event of emergency maintenance, the registrant shall still be required to provide notice of such work as soon as is practicable after the emergency event. When work is performed on an emergency basis, the registrant must still apply for all applicable permits by the following business day in accordance with the city's permitting guidelines. In all instances, the registrant shall restore all damaged property and indemnify the city from any and all damages caused by the registrant's emergency work.

(3)

A registrant that has obtained a communications placement permit shall be responsible for any damage resulting from the issuance of the permit.

(4)

The approval of a communications placement permit for a small wireless facility does not authorize the provision of any voice, data or video communication services or the installation, placement, maintenance or operation of any communication facilities other than small wireless facilities in the right-of-way.

(c)

Coordination . Notwithstanding the issuance of a communications placement permit, a registrant may be required by the city to coordinate the placement or maintenance of facilities to be performed with other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonably near time frame in the subject public rights-of-way by city or a third party, and the registrant may be required to reasonably alter its placement or schedule as necessary so as to minimize disruptions and disturbances in the public rights-of-way.

(d)

Cancellation . A registrant may cancel a communications placement permit upon written notice to the director of engineering services stating that it will no longer maintain facilities in the public rights-of-way and will no longer need to pull permits to perform work in public rights-of-way.

(Ord. No. 4774-18, § 2, 10-22-2018)