Each person who occupies or uses or seeks to occupy or use a public way other than on a transitory basis to provide a nonexempt service to residences or businesses within the service area, or places any equipment or facility in a public way other than on a transitory basis, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the Municipality. Registration is accomplished by filing with the Municipality a completed provider certification in the form shown at Appendix A to this chapter.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
Continuous compliance with this chapter grants to grantee a nonexclusive privilege to occupy or use the public ways for the purpose of providing nonexempt service to residences or businesses within the service area. Occupation or use of the public ways for the purpose of providing nonexempt service to residences or businesses within the service area not in compliance with this chapter shall be unlawful.
This chapter shall not apply to occupation or use of the public ways to provide:
A. 
The transportation of passengers or property or both as a common carrier by means of elevated street railway, inclined plane railway, railroad, street railway or underground street railway, trackless-trolley omnibus or by any combination of such means.
B. 
The transportation of artificial or natural gas, electricity, petroleum or petroleum products or water or any combination of such substances for the public.
C. 
The production, generation, manufacture, transmission, storage, distribution or furnishing of natural or artificial gas, electricity, steam, air conditioning or refrigerating service or any combination thereof to or for the public.
D. 
The diverting, developing, pumping, impounding, distributing or furnishing of water from either surface or subsurface sources to or for the public.
E. 
The collection, treatment or disposal of sewage for the public.
F. 
The conveyance or transmission of messages or communications by telephone or telegraph for the public.
G. 
The diverting, pumping or impounding of water for the development or furnishing of hydroelectric power to or for the public.
H. 
The transportation of oxygen or nitrogen, or both, by pipeline or conduit for the public.
I. 
Any ancillary service reasonably necessary or appropriate for the accomplishment of services specified in Subsections A through H, including the placement, maintenance and removal of aerial, surface and subsurface public utility facilities thereon or therein. Information service is not an ancillary service.
This chapter shall not apply to occupation or use of the public ways to provide cable service. This chapter does not authorize a person to provide cable service.