Title 13 - Streets and Sidewalks

13.12.350 Requirements of Service Provider.

1. A.
   No Service Provider shall be authorized to utilize the Right-of-way in any capacity or manner without first obtaining the necessary agreement authorizing the Service Provider’s use of the Right-of-way as required by Chapter 13.55 or other applicable law (e.g., Franchise, Master Right-of-way License Agreement, Right-of-way Agreement or Small Cell Facility Deployment Agreement).
2. B.
   No Service Provider shall be authorized to utilize the Right-of-way in any capacity or manner without first providing the City with its Registration information. The Service Provider shall report any changes in its Registration information within thirty (30) days.
3. C.
   The information required for Registration includes the following:

   1. 1.
      Identity and legal status of Service Provider, including related Affiliates.
   2. 2.
      Name, address, telephone number, and email address of officer, agent or employee responsible for the accuracy of the Registration statement and for legal notices.
   3. 3.
      Name, address, telephone 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. 4.
      Proof of any necessary permit, license, certification, grant, Registration, franchise or any other authorization required by any appropriate Governmental Entity, including, but not limited to, the City, the FCC or the KCC.
   5. 5.
      Description of the Service Provider’s intended use of the Right-of-way.
   6. 6.
      Information sufficient to determine whether the Service Provider is subject to franchising by Kansas law or Chapter 13.55.
   7. 7.
      Information sufficient to determine whether the Service Provider has applied for and received any certificate of authority required by the KCC.
   8. 8.
      Information sufficient to determine that the Service Provider has applied for and received any permit or other approvals required by the FCC.
   9. 9.
      Such other information as may be reasonably required by the City to complete the Registration statement.
4. D.
   Each Service Provider shall designate a 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 Chapter. The Service Provider shall present to the City the agent’s name, address, telephone 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.
5. E.
   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.
6. F.
   Prior to providing Service to the City and its residents, the Service Provider shall first obtain the necessary agreement authorizing the Service Provider’s provision of services within the City as required by Chapter 13.55 or other applicable law (e.g., Franchise, Master Right-of-way License Agreement, Right-of-way Agreement or Small Cell Facility Deployment Agreement).
7. G.
   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 City Engineer. 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.
8. H.
   The Service Provider shall furnish maps showing the location of Facilities of the Service Provider within the City as provided hereafter.
9. I.
   The City shall not exercise its authority under this provision to in any way deter competition or discriminate against any Service Provider.

(History: Ord. No. RW-3296 §5, 2020; Ord. RW-2410 §3, 2002; RW-2184, 2000)

Effective on: 1/1/1901