A.
Applications. To ensure that the City is able to protect and manage the right-of-way, the City requires information about providers and their agents and information and documents about facilities and equipment existing or proposed to be installed in the right-of-way. The owner, installer, or anticipated installer of telecommunications facilities in the right-of-way, including those installing on non-City-owned property in the right-of-way, shall file a registration application form with the City Engineer and pay the registration fee as specified in § 106-15. Applications that do not include all of the required application information, as determined by the City Engineer to be necessary for the proper management of the right-of-way, shall be deemed incomplete and the City shall not be required to take any action, including the issuance of any permits for work in the right-of-way. It shall be the applicant's responsibility to ensure that all required information is submitted and to confirm with the City Engineer that the application is complete. If the applicant is required to provide the City with any information or documents it deems proprietary and confidential, such information or documents shall be clearly identified and marked as confidential. The City shall reasonably protect such information from public disclosure, subject to the requirements of the New York Freedom of Information Law ("FOIL") or other federal or state laws or requirements. The City Engineer will review the registration application within 10 business days and notify the applicant of any deficiencies in the application within five business days thereafter. The applicant may resubmit a revised application within 30 days without additional charge.
B.
Registration requirements. All mandatory registration applications
shall include the following information:
(1)
The identity and legal status of the applicant, including any affiliates.
(2)
The name, address, telephone number, and e-mail address of the officer(s),
agent(s) and employee(s) responsible for the accuracy of the application
information and who will have responsibility and/or authority for
the applicant's facilities located within the City. The name
and address provided by the applicant shall be used by the City for
any notifications or demands to an applicant, and mailing any notification
or demand set forth in this chapter to such name and address shall
be deemed receipt by the applicant.
(3)
The name, address, telephone number and e-mail address of an officer,
agent or employee who shall be available to City staff 24 hours a
day, seven days a week, regarding problems or complaints resulting
from the facilities installed by the applicant in the right-of-way.
The applicant shall immediately notify the City of any changes to
such information.
(4)
The name, address, phone number and e-mail address of all consultants,
if any, acting on behalf of the applicant with respect to the filing
of the application.
(5)
The name, address, phone number and e-mail address of all lessees,
tenants or occupants using or intending to use the applicant's
existing or proposed telecommunications facilities and equipment.
(6)
A description of the applicant's existing and proposed telecommunications
facilities and equipment within the City, including a complete map
as required by the rules and regulations illustrating the existing
locations and the type and location of new facilities proposed for
installation within the right-of-way, with an anticipated construction
schedule for the next two years, to be updated January 1 of each year.
These maps, plans, and schedule are necessary for right-of-way work
coordination and proper right-of-way management. The format and other
requirements for the map will be determined by the City Engineer in
the rules and regulations.
(7)
Proof of required approvals from the New York State Public Service
Commission relating to the provision of telecommunication services
or location of facilities within the City.
(8)
A description of the excess capacity in or on the applicant's
proposed telecommunications facilities, including any excess capacity
in underground conduits or other facilities available for expansion
by the applicant or for co-location by other telecommunications providers,
and the availability of space for additional antennas, facilities,
or accessory equipment on overhead facilities owned or controlled
by the applicant.
(9)
Such other information as the City Engineer or the Director of Finance
may reasonably require to properly manage the right-of-way, including
annual updates of the information required per this section and insurance
and/or bonding documentation.
(10)
Documentation that the applicant has registered and complied
with Dig Safely New York requirements.
C.
Application closed. A registration application will be deemed closed
if, after it has been processed by the City, the City has sent the
applicant notice that the application is deficient or incomplete and
more than 30 days lapses without a good faith response from the applicant
that resolves the issue raised. Once an application has been closed
it may not be reopened and a new application must be made and a fee
paid. No refunds will be provided for closed applications.
D.
Application information update. Applicants shall be required to provide
updated information about all of the above requirements as soon as
reasonably possible after a change of circumstances, or no later than
one year from the date on which the registration was completed, whichever
is sooner.
E.
Post-registration requirements. Upon completion of the registration application, the applicant shall obtain all required permits and enter into a master license agreement as set forth in Article III of this chapter, prior to commencement of any work in the right-of-way.
F.
Reregistration requirements. After the final renewal term of the
master license agreement expires, the applicant must file a new registration
application form as set forth above; however, in the City Engineer's
sole discretion, when all or a substantial portion of the information
on the original registration is up to date and unchanged, the existing
registration may be accepted with a reduced fee sufficient to cover
City administrative costs as determined by the City Engineer.
This chapter shall not apply to cable services provided under a cable franchise pursuant to Chapter 4A of the Municipal Code of the City of Rochester. All of the requirements of this chapter shall apply to any telecommunications services provided by a cable service franchisee or an affiliate, including Internet and telephone services.
