Chapter 19.04


19.04.010    Application for a master permit.

19.04.020    Compensation.

19.04.010 Application for a master permit.

A. Contents of Application for Initial or Renewal Master Permit. In order to obtain an initial or renewal master permit, an operator of a telecommunications system must apply for a master permit. The application must contain the following information, and such information as the city may from time to time require:

1. Identity of the applicant and corporate structure.

2. A proposal for construction of a telecommunications facility that includes at least the following:

a. A description of the services that are to be provided using the facility.

b. The location of proposed facility and facility design, including a description of the miles of plant to be installed, and a description of the size of equipment cabinets, shielding and electronics that will be installed along the plant route, the power sources that will be used and a description of the noise, exhaust and pollutants, if any, that will be generated by the operation of the same; provided, however, that if some of the descriptive data is not available at the time of application, the master permit may be issued subject to conditions that the data be filed and approved by the city before construction begins and that the master permit will be deemed to be forfeited if the data is not supplied and approved; provided further, in the event that subsections (A)(2)(b) and (c) of this section require information that is a business or trade secret and/or proprietary information and the operator wishes to protect the information against disclosure, then operator shall provide said information to city in a separate envelope marked “Proprietary Information: DO NOT DISCLOSE.” The city will exercise good faith efforts to protect the confidentiality of the business or trade secrets or proprietary information that is designated as such; provided further, that (i) if a public disclosure request is made for information marked as proprietary, and if the city attorney determines that said information may be subject to being disclosed, or (ii) the city determines that the information should be disclosed in connection with its enforcement of any provision of this title, or in the exercise of its police or regulatory powers, then the city shall notify the operator of the operator’s opportunity to seek a protective order from a court with appropriate jurisdiction. If a protective order is not obtained within the time limitation set forth in state law for the city’s disclosure of public records, then city may disclose said information. The operator is obligated to reimburse and indemnify city for all costs, damages and attorney fees that may be awarded or assessed by the court for any actions the city took at the request of operator.

c. A map of the general route the facility will follow; a designation of the portions of the system that will be placed above ground and the portions that will be placed underground, and the construction techniques that the operator proposes to use in installing the system above ground and underground; a schedule for construction of the facility describing when and where construction will begin, how it will proceed, and when it will be completed; and the expected effect on right-of-way usage, including information on the ability of the public rights-of-way to accommodate the proposed system, including, as appropriate given the system proposed, an estimate of the availability of space in conduits and an estimate of the cost of any necessary rearrangement of existing facilities; provided, however, that any proprietary information required under this subparagraph as well as the preceding subparagraph shall be subject to the nondisclosure procedure prescribed in the proviso of the preceding subparagraph.

d. A description, where appropriate, of how services will be converted from existing facilities to new facilities, and what will be done with existing facilities.

e. Identification of the area of the city to be served by the proposed system, including a description of the proposed area’s boundaries under the master permit.

f. An affidavit or declaration of the applicant or authorized officer thereof certifying the truth and accuracy of the information in the application, and certifying that the application meets all requirements of applicable law.

B. Applications for Transfer. An application for a transfer of a master permit must contain the same information required by subsection A of this section, except that, if the transferor submitted an application under subsection A of this section, to the extent information provided by the transferor under subsection (A)(2) of this section remains accurate, the transferee may simply cross-reference the earlier application.

C. City Review. The city may request such additional information as it finds necessary, and require such modifications to the system proposed as may be necessary in the exercise of the city’s authority over the use of its public rights-of-way for telecommunications systems. Once the information required by the city has been provided, the application shall be subject to review by the city and any approval shall be subject to the city’s determination that:

1. The applicant will accept the modifications required by the city to its proposed system. This section does not authorize the city to exercise authority it does not otherwise have under applicable law.

2. The applicant will accept a master permit satisfactory to the city and comply with any conditions precedent to its effectiveness.

3. In the case of a transfer, any approval will also be subject to a determination that:

a. There will be no adverse effect on the public interest, or the city’s interest in the master permit;

b. Transferee will agree to be bound by all the conditions of the master permit and to assume all the obligations of its predecessor; and

c. Any outstanding compliance issues will be resolved or preserved to the satisfaction of the city.

D. An applicant shall not be issued a master permit if it files or has previously filed materially inaccurate or misleading information in a master permit application or intentionally withheld information that the applicant lawfully is required to provide. (Ord. 2002-36 § 1, 2002)

19.04.020 Compensation.

A. Rights-of-Way Fee. Subject only to the exceptions set out in BIMC 19.02.040(C), every operator of a telecommunications facility must compensate the city for its actual cost of administering its application and the public rights-of-way. To the extent permitted by law, every operator shall also pay to the city a fee in the amount established by resolution for the use of the public rights-of-way. (Ord. 2002-36 § 1, 2002)