(1) A political subdivision shall allow the holder of a certificate of franchise authority to install, construct and maintain facilities in the public rights-of-way subject to the political subdivision’s reasonable rights-of-way management, permitting, inspection, coordination and safety requirements adopted to protect the public health, safety and welfare.
(2) A political subdivision shall provide the holder of a certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public rights-of-way in its jurisdiction.
(3) Nothing in this chapter shall be construed to exempt a video service provider from compliance with all lawful political subdivision land use and permitting regulations, including, without limitation, zoning laws, building permit requirements, pole attachment agreements, street cut permits, boarding ordinance regulations and other permits required for the use of a political subdivision’s right-of-way.
(4) Nothing in this chapter shall be construed to exempt a video service provider from obtaining, complying with or being subject to reasonable local permits, authorizations or approvals required for any work within the public rights-of-way.
(5) A political subdivision may require and enforce local permits to ensure:(a) Advance notice of proposed work within the public rights-of-way;(b) Sequencing of construction activity to avoid conflicts with existing or planned public works;(c) Coordination with existing utilities and planned municipal capital projects; and(d) Protective construction methods, including, but not limited to:(i) Drilling requirements;(ii) Minimum depth of cover/spacing;(iii) Traffic control plans;(iv) Pavement and surface restoration to a condition equal to or better than the pre-existing conditions;(v) Regulation of the days and hours during which boring and excavation activities may occur;(vi) Proper staging and placement of equipment and materials; and(vii) Reasonable limitations on the number, duration and geographic concentration of permits issued or active at any given time to prevent disruption of public services and to avoid overwhelming the response capacity of water, sewer and other municipal personnel or contractors.
(a) Advance notice of proposed work within the public rights-of-way;
(b) Sequencing of construction activity to avoid conflicts with existing or planned public works;
(c) Coordination with existing utilities and planned municipal capital projects; and
(d) Protective construction methods, including, but not limited to:(i) Drilling requirements;(ii) Minimum depth of cover/spacing;(iii) Traffic control plans;(iv) Pavement and surface restoration to a condition equal to or better than the pre-existing conditions;(v) Regulation of the days and hours during which boring and excavation activities may occur;(vi) Proper staging and placement of equipment and materials; and(vii) Reasonable limitations on the number, duration and geographic concentration of permits issued or active at any given time to prevent disruption of public services and to avoid overwhelming the response capacity of water, sewer and other municipal personnel or contractors.
(i) Drilling requirements;
(ii) Minimum depth of cover/spacing;
(iii) Traffic control plans;
(iv) Pavement and surface restoration to a condition equal to or better than the pre-existing conditions;
(v) Regulation of the days and hours during which boring and excavation activities may occur;
(vi) Proper staging and placement of equipment and materials; and
(vii) Reasonable limitations on the number, duration and geographic concentration of permits issued or active at any given time to prevent disruption of public services and to avoid overwhelming the response capacity of water, sewer and other municipal personnel or contractors.
(6) A political subdivision may impose reasonable permit, inspection, restoration and traffic control fees that reimburse the political subdivision for its actual costs in administering and enforcing rights-of-way permits, provided such fees are nondiscriminatory and proportionate to the impacts caused by the video service provider’s work.
(7) Nothing in this chapter shall be construed to limit, alter, impair or supersede the authority of a political subdivision to require the relocation of facilities located within the public rights-of-way, at the video service provider’s expense, when such relocation is reasonably necessary for public infrastructure projects, roadway improvements, drainage enhancements or public safety improvements.
(8) A video service provider may offer such other services over its existing facilities, without having to obtain additional franchises, licenses, permits or authorizations for use of the right-of-way; provided, however, that a political subdivision may require a permit when the provision of such services necessitates the installation, placement, replacement or material modification of equipment within the public rights-of-way.
(9) Unless otherwise agreed to by the governing body, a video service provider shall remove any above-ground facilities, including poles, cables, wires, pedestals, cabinets, amplifiers, and associated equipment located within the public rights-of-way that is abandoned, obsolete, no longer in active service, or rendered duplicative by the installation of replacement facilities.
Such removal shall occur within one hundred eighty (180) days after receipt of written notice from the political subdivision; however, facilities rendered duplicative by placement into the service of replacement facilities shall be removed promptly, and in no event later than sixty (60) days after such replacement facilities are placed into service, unless the political subdivision approves a longer period for good cause shown. Facilities posing an immediate threat to public safety shall be secured or removed promptly in accordance with a timeframe reasonably directed by the political subdivision.
If, at any time, a video service provider ceases to provide video service, as defined in this chapter, the video service provider shall not be required to remove its facilities from the public rights-of-way so long as such facilities remain in active use to provide lawful communications services and do not interfere with the public health, safety, or welfare, the use of the public rights-of-way, or the operation of municipal infrastructure.
Nothing in this subsection shall limit the authority of a political subdivision to require relocation, removal, or consolidation of facilities as otherwise provided in this chapter.
(10) A video service provider shall maintain its facilities located within the public rights-of-way in a safe condition and in good working order so as not to interfere with the public health, safety or welfare, the use of the public rights-of-way, or the operation of municipal infrastructure.
(a) Upon written notice from the political subdivision:(a) Facilities that pose an immediate threat to public health or safety shall be secured, repaired, or removed immediately, or within such shorter timeframe as reasonably directed by the political subdivision;(b) Facilities determined to be unsafe, structurally unsound, or noncompliant with applicable construction standards shall be repaired, replaced, stabilized, or removed within thirty (30) days, unless the political subdivision approves a longer period for good cause shown; and(c) Routine maintenance necessary to bring facilities into compliance shall be completed within ninety (90) days, unless otherwise approved by the political subdivision. Nothing in this subsection shall relieve a video service provider of its obligation to comply with applicable safety codes and generally accepted engineering standards. All maintenance shall be performed in a manner that minimizes disruption to public travel and municipal operations.
(a) Facilities that pose an immediate threat to public health or safety shall be secured, repaired, or removed immediately, or within such shorter timeframe as reasonably directed by the political subdivision;
(b) Facilities determined to be unsafe, structurally unsound, or noncompliant with applicable construction standards shall be repaired, replaced, stabilized, or removed within thirty (30) days, unless the political subdivision approves a longer period for good cause shown; and
(c) Routine maintenance necessary to bring facilities into compliance shall be completed within ninety (90) days, unless otherwise approved by the political subdivision. Nothing in this subsection shall relieve a video service provider of its obligation to comply with applicable safety codes and generally accepted engineering standards. All maintenance shall be performed in a manner that minimizes disruption to public travel and municipal operations.