§ 59-63. Requirements of service provider.

(a)

Any person who wishes to become a service provider, must first register with the city.

(b)

The service provider shall report any changes in its registration information within 30 days.

(c)

No service provider shall be authorized to utilize the right-of-way in any capacity or manner without registering and obtaining the necessary right-of-way permit from the city.

(d)

The information required for registration includes the following:

(1)

Identity and legal status of service provider, including related affiliates.

(2)

Name, address, telephone number, fax number and email address of officer, agent or employee responsible for the accuracy of the registration statement.

(3)

Name, address, telephone number, fax number and email address of the local representative of the service provider who shall be available at all times to act on behalf of the service provider in the event of an emergency.

(4)

Proof of any necessary permit, license, certification, grant, registration, franchise agreement or any other required authorization required by any appropriate governmental entity, including, but not limited to, the city, the FCC, or the KCC.

(5)

Description of the service provider's intended use of the right-of-way.

(6)

Information sufficient to determine whether the service provider is subject to franchising by state law.

(7)

Information sufficient to determine whether the service provider has applied for and received any certificate of authority required by the KCC.

(8)

Information sufficient to determine that the service provider has applied for and received any permit or other approvals required by the FCC.

(9)

Such other information as may be reasonably required by the city to complete the registration statement.

(e)

Each service provider shall designate a local person familiar with the facilities who will act as a local agent for the service provider and will be responsible for satisfying information requirements of this article. The service provider shall present to the city the agent's name, address, telephone number, fax number and email address. The agent shall be the person to whom relocation notices and other such notices shall be sent, and with whom rests the responsibility to facilitate all necessary communications. The service provider shall be responsible for all costs incurred by the city due to the failure to provide such information to the city.

(f)

Prior to construction, reconstruction, repair, maintenance, or relocation of facilities owned by the service provider in the right-of-way, the service provider shall first obtain the necessary right-of-way permit as provided hereafter.

(g)

Prior to providing service to the city and its residents, the service provider shall first obtain the necessary franchise agreement, if any, from the city.

(h)

The service provider shall participate in any joint planning, construction and advance notification of right-of-way work, including coordination and consolidation of street cut work as directed by the public works director. In addition, the service provider shall cooperate with other service providers and the city for the best, most efficient, most aesthetic and least obtrusive use of the right-of-way, consistent with safety, and to minimize traffic and other disruptions, including street cuts.

(i)

The service provider shall furnish maps showing the location of facilities of the service provider within the city as provided hereafter.

(j)

The city shall not exercise its authority under this provision to in any way deter competition or discriminate against any service provider.

(Code 1967, § 24-166; Ord. No. 1757 , § 2, 9-26-2016)