59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

Home Browse Search

(a) Purpose. It is the purpose of this Section 904.08 to provide for the recovery of all direct and indirect costs and expenses actually incurred by the City and associated with a Public or Private Service Provider's Occupancy or Use of the Public Right -of -Way and related to the enforcement and admin- istration of this chapter. All fees related to the Occupancy or Use of the Public Right -of -Way shall be considered to be Public Way Fees as that term is defined in this chapter and shall be assessed by the City in a manner which is in accordance with Chapter 4939 of the Ohio Revised Code and any other applicable law. (b) Waiver or Offset of Public Way Fees. Public Way Fees assessed against a governmental entity shall be waived. Public Way Fees assessed against Cable Operators shall be offset or credited in accordance with Section 904.09(e). (c) Assessment of Public Way Fees. The Mayor shall have the authority to as- sess Public Way Fees for Occupancy or Use of the Public Right -of -Way consistent with the provisions of this chapter without further action of City Council. (d) Regulatory Fees and Compensation Not a Tax. The regulatory fees and costs provided for in this chapter are separate from, and additional to, any and all federal, State, local and City taxes as may be levied, imposed or due from a Service Provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of Services. 904.09 CABLE TELEVISION FRANCHISE. (a) Cable Television Franchise. Any Person who desires to Construct, Recon- struct, install, operate, maintain or locate Facilities in any Public Right -of- Way of the City for the purpose of providing Cable Service to Persons in the City shall first obtain a non - exclusive Video Service Authorization from the Ohio Department of Commerce. (b) Compliance with Chapter Required. All Cable Operators providing Cable Service within the City pursuant to a valid franchise or Video Service Au- thorization shall comply with the registration and Construction Permit re- quirements of this chapter. (c) Credit for Payment of Franchise Fee. Any Cable Operator paying a fran- chise fee or Video Service Provider fee, or providing free service or other non - monetary compensation to the City pursuant to a franchise agreement, shall be entitled to a credit, offset or deduction against any reimbursement of City costs assessed under this chapter, and pursuant to Ohio Revised Code Section 1332.32, for all such franchise fees or Video Service Provider fees and the retail value of the free service or other non - monetary compen- sation. 904.10 PRIVATE FACILITIES IN THE PUBLIC RIGHT -OF -WAY. Persons who wish to use the Public Right -of -Way of the City for Private Facili- ties shall obtain consent from the City pursuant to Section 904.02, register pur- suant to Section 904.03, obtain all Construction Permits applicable pursuant to Section 904.07 and comply with all provisions of this chapter. 904.11 MISCELLANEOUS PROVISIONS. {02299394 -11