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CITY OF GRAND ISLAND NOTES
<br />Article 344 Telecommunications
<br />34-1 Purpose
<br />34-2 Definitions
<br />34-3 Penalties
<br />34-4 Aber Remedies And. Regulations
<br />34-5 Registration Fees And Duration
<br />34-6 Registration Required
<br />34-7 Registration Purpose Exception
<br />34-8 Registration Construction Permits
<br />34-9 Effiolstrati on. Com oensatirxt To City
<br />34-10 Conditions a Reg stration Interference With The Public Ways
<br />34-11. Maintenance Cl Facilities
<br />34-12 Relocation Cr Removal a Facilities
<br />34-13 Removal a unauthorized Facilities
<br />34-14 Emergency Removal a Relocation a Facilities
<br />34-15 Restoration a Rights -CI -Way
<br />34-16 ConstructionApplications
<br />34-17 Cansruotion Location¢ Facilllles
<br />34-18 Construction' Qlnduit Oxu0ancv
<br />34.19 Fees Remstration Application And Public Way Occupancy
<br />34-20 Severability
<br />34e?Dtpe>e
<br />The nurrawe e( this th:apter is to
<br />1. Establish a local policy concerning telecoremumcations providers and services.
<br />2 Promote competition in relerommun:catinns.
<br />3 M:nim:ze unnecessary local regulation of telecommunications providers and services:
<br />G Permit and managereannnade acre.¢ to the pudic ways of theory for fel ernmmun icarionspurposes on a
<br />competitively neutral basis
<br />5 Oanservethe limited physical coeenty of the pubird wayshed by the Otv.
<br />6 Assure that all telecommunications carriers providing facilities or services within Meaty comply with the
<br />ordin antes, rules and cegui ations of the City.
<br />Terms used in this Chapter shall have the following meant ngs
<br />Afifliate shall mean a person that (directly or indirectly) owns or contras. :s owned or controlled by. or is under
<br />common ownership or control with another person
<br />Oty snail mean the Qty of Oend Island. its elected and appointed officers, employees. and duly appointed and
<br />authorized agents.
<br />Oft, Property shall mean all real property owned or controlled by theoty whether in tee ow nership or other interest
<br />Cbdashali mean the Wand island Oty Code asamended.
<br />Oyaheed Facilities shall mean utility facilities and telecommunications facilities located atnve the surface of the
<br />ground, including the underground supports and foundations for such facer it
<br />Person shall mean corporations, companies, associations, Joint stock companies, firms. partnerships limited
<br />liability companies other entities and individuals
<br />Public Ways includes the surface of an space above and below any real property in the Oty which the Oty ow ns or
<br />. which it holds an interest es a trustee for the public including but rot limited to all public streets, highways:
<br />roads alleys easements. funnel s, viaducts, widges, skyways, or any other public place, area or property under the
<br />ownership or control of the Oty, and any rights-of-way established, dedicated or devoted for public utility purposes
<br />R hts,ofil / shall mean all real property and pudic ways, which the Oty owns or in which the City has an
<br />ow nersnip interest
<br />State shad mean the State of Nebraska
<br />Surplus Space shall mean that portion oft he usable space on a utility pole w hich has the necessary clearance from
<br />other pole users, as required by the orders and regulations of the Nebraska Public Service Commission to allow its
<br />use by a telecommunications carrier for a pole attachment.
<br />Telecom in unicatrons Carrie, includes every person that directly or Indirectly owns, controls, operates or manages
<br />telecommunications facilities used or to be used to trensm it. receive. distri bete. provide or offer telecomm un cations
<br />sero ice
<br />Telecom in unications Facilities shall mean the plantequipment and property w:thin the City geed to transmit,
<br />receive distribute, provide or offer telecommunications service.
<br />Teleccfelrftylicationa... Ptevider includes every person who provides telecommunications service over
<br />telecom m un!cat inn s f ani' it lee
<br />'eacomm unicatiovs Service shall mean the providing or offering for rent sale or lease; or In exchange for other
<br />value received, of the transmittal cf voice data. image, graphic and video programming information between or
<br />among points by wire cable fibs optics lasem-aov ave. radio satellite or similar facilities with orw it pout benefit
<br />of any closed tranam:salon medium, unless excluded or exempted by local. state or federal law
<br />tirtdergrwrndFaclltlieo shalI mean utility and telecom m un icat ions facilities located under the sur faceof theground,
<br />excluding the underground foundations or supports for overhead facilities
<br />UsableSpaceshail mean 'helot al distance between the top of auhlity pole and :hetes est possible attachment point
<br />that provides t he minimum allowable vertical clearance as specified m the orders and regulations of the Nebraska
<br />ublic Service Commission.
<br />Utility Facilities shall mean the plant equipment and property including, bet not limited to, the poles, pipes, mains,
<br />conduits. ducts, cables. wire¢ plant and equipment located under, on or above the surface of the ground within
<br />public ways and used or to be used for the p.rposeof providing utility or telecommunications seryl des.
<br />Any person found violating, disobey: ng. om itti ng, negl echng or ref using to comply with any of the provisions of this
<br />chapter shell be entity of an infraction Upon conviction any person vmlaring any provision of this chapter shall be
<br />subject toe fine as provided by §1-7 of this Code A separate and disc:net violation shall be deemed coiner :tied eacr
<br />day or w'rich a violation occurs or continues.
<br />34-4 Other Remedies And ReglJlatloni
<br />Nothing in this chapter shall be construed as limiting any other remedies at law or in equity that theCity may have
<br />or enforcement of :his chapte The Oty Administrator is authorized to establish regulations_ and procedures for
<br />'cc ,nt Prmeccpfion cif it,
<br />34-5 Registration, Fees And Duration
<br />o the extent permitted by law, any to ecommun'cations carrier or provider W ^.o desires to construct_ install
<br />overate, maintain or otherwise locate telecommunications facilities ir public ways and/or to provide
<br />telecommunications service including but not limited to local ex change service to persons or areas within.
<br />the Oty shall register with the Oty pursuant to this Chapter and pay all fees provided herein
<br />2. A registration shall remain in effect for a period of five (5) years from the date on which the City
<br />Administrator certifies that the information required pursuant to §34-6 has been submitted to the
<br />Administrator A registration may be renewed by ether submitting information in duplicate to the Oty
<br />Administrator as set forth in §34-6 or submitting affidavits :n duplicate attesting that the information
<br />submitted for the initial reg:strahor remains unohanged except to the exleR modified by attachments to
<br />sale affidavits. Upon fling a registration renewal the registrant shall pay all fees as provided herein
<br />B
<br />All telecommunications (terriers or providers required to register pursuant to §34-5 shall register with the City by
<br />submitting information In duplicate to the Oty Administrator w hien shall include the follow ing'
<br />1. The identity and legal status of the registrant including any affiliates.
<br />2 The name address and telephone number of the officer. agent or employee responsible for the accuracy of
<br />the registration statement
<br />3 A general description of registrant's existingor proposed telecommunications facilit:esw'thin the Oty.
<br />4 Informal: on sufficient for the City to determine whether the transmission, origination or receipt of the
<br />telemmmunications services provided or to be provided by the registrant constitutes an occupation or
<br />privilege sutxect to any municipal tax or fee.
<br />5 Copies or the registrant's certificate of convenience and necessity issued by the Nebraska Public Service
<br />Commission.
<br />6 A copy of relevant portions of the registrant's certifiafe of cnvenieice and necessity application may be
<br />filed in lieu of item IC) above.
<br />7. Such other information as the Oty may require for purposes of this Chapter
<br />43_-7 Registration Purpose Exception
<br />t. Ihepui pose: i ego, ai!•mnis to
<br />1 PfcvidetheOt'y with accurate and current information concerning the telecommunications carvers
<br />and providers who offer or provide telecommunications services within the City, or that own or
<br />operate telecommunication facilihesw 'thin theory
<br />Asest the Oty in enforcement of this Chale.
<br />3 Assist the Qty inthecollection and enforcement of any municipal taxesor chargest.^.at are'awfuli.y
<br />permissible and may beduetheOty, and
<br />4 Assist the Oty in monitoring compliancewith local.stateand federal laws
<br />2 A person which: provides telecommunications services solely to itself, its affiliates or members between
<br />points in the same building, or between closely located buildings under common ownership or cnntrrA in
<br />excepted from the registration requirement pursuant to this Chapter provided that such company or person
<br />does not use or occupy any public ways of the Oty
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<br />7
<br />\SIAM Ft Cr
<br />Fiber Networks, LLC
<br />DATE CREATED:
<br />3/13/2024
<br />DATE REVISED: 5/7/2024
<br />DATE PLOTTED:
<br />5/7/2014
<br />DRAWN BY: FEC
<br />CHECKED BY: FEC
<br />APPROVED BY:
<br />COMPANY:
<br />MEM) FIBER NETWORIfS, LLC
<br />Son ADowFs.
<br />SOUTH LOCUST TO B15MARN
<br />CM OF GRAND ISLAND
<br />RLE NAME:
<br />GRAND GLAND.dri
<br />Des RIPI1oN: coNSTRURgN P14015
<br />PROJECT NOTES
<br />14A OF 20
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