§ 24.5-5. Issuance of permit or license.

(a)

Approval or denial. The authority to approve or deny an application for a permit or license under this article is hereby delegated to the city manager. Pursuant to Section 15(3) of the Act, the city manager shall approve or deny an application for a permit under the Act within forty-five (45) days from the date a telecommunications provider files an application for a permit under subsection 24.5-4(b) of this article for access to a public right-of-way within the city. Pursuant to Section 6(6) of the Act, the city manager shall notify the MPSC when the city manager has granted or denied a permit, including information regarding the date on which the application was filed and the date on which permit was granted or denied. The city manager shall not unreasonably deny an application for a permit. An application for a license under this article is not subject to the time frames or MPSC notice required by the Act, but shall not be unreasonably delayed or denied by the city.

(b)

Form of permit or license.

(1)

If an application for a permit is approved, the city manager shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with Sections 6(1), 6(2) and 15 of the Act.

(2)

If an application for a license is approved, the city shall issue the license in a form approved by the city manager.

(c)

Conditions. The city manager may impose conditions on the issuance of a permit or license. In the case of a permit, conditions shall be limited to the telecommunications provider's access and usage of the public right-of-way pursuant to Section 15(4) of the Act.

(d)

Bond requirement. Without limitation on subsection (c) above, the city manager may require that a bond be posted by the applicant as a condition of the permit or license. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the applicant's access and use.

(Ord. No. 2017-07, § 2, 5-2-17)