2007-124 Ordinance - Laserfiche WebLink

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users as to be effectively available to the public, or a class of private users, regardless of the Facilities used. (28) Service Provider means any Person who, pursuant to the consent to Occupy or Use the Right-of-Way pursuant to Section 902.02 of this Chapter, directly or indirectly owns, controls, operates or manages Facilities within the City's Right-of-Way, used or to be used for the purpose of operating a System to: (A) offer Service to the public within the City or outside of the City's boundaries or (B) transmit, receive, distribute or provide telecommunications or other services between or among private buildings or facilities where there is no service offered to the public. (29) State means the State of Ohio. (30) Surplus Snace means that portion of the usable space on a utility pole that has the necessary clearance from the Facilities of other Public Service Providers using the pole, as required by the orders and regulations of PUCO and other applicable State and local orders and regulations, to allow its use by an additional Service Provider for a pole attachment. (31) System means a netwark of Facilities for the transmission and/or distribution of a particular Service. (32) Trenchless Technology means techniques for utility line installation, replacement, rehabilitation, renovation, repair, inspection, location and leak detections, with minimum Excavation from the ground surface, including the use of directional boring, horizontal drilling and micro- tunneling and other techniques in the Construction of underground portions of Facilities that result in the least amount of disruption and damage to the Right-of-Way as possible. (33) Underground Facilities means that portion of a System located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities. 902.02 CONSENT TO OCCUPY OR USE THE RIGHT-0F-WAY; INITIAL REGISTRATION. (a) Consent Required to Occupv Right-of-Way. No Person shall Occupy or Use the Right-of-Way without obtaining prior consent from the City to do so, except as otherwise provided for those Service Providers with initial presumed consent pursuant to Section 902.02(c). (b) Persons Required to Applv for Consent to Occupv or Use Right-of-WaX. (1) Each Person in the following categories shall apply to the City for consent to Occupy or Use the Right-of-Way on a form provided by the City Engineer if such Person: (A) Does not currently have an existing System or Facilities in the City's Right-of-Way and desires to Construct a System or Facilities in the Right-of-Way; (B) Had an existing System or Facilities in the Right-of-Way on July 2, 2002 and does not have presumed initial consent under Section 902.02(c)(1) below; (C) Has initial presumed consent or City consent to Occupy or Use the 6 s t z729-i