NUMB:
970451
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. GORDON AND SCHERBERT
TITL:
A substitute ordinance relating to use and occupancy of city-owned conduit and other facilities.
SECS:
98 cr
ANLS:
- Analysis -
The purpose of this ordinance is to regulate occupancy and to encourage utilization of the capacity of city-owned communications conduit by persons providing private or publicly-offered telecommunications and cable services. At the city's option, conduit duct space may be rented as a means of minimizing the number of excavations and obstructions taking place in the public rights-of-way. The city has the first priority over all other uses of the conduit system.
This ordinance:
1. Enables and provides for the issuance of permits to utilize and occupy the city-owned communications conduit system.
2. Establishes certain terms and conditions for permit application and duct occupancy.
3. Establishes non-discriminatory minimum conduit rental fees based on the volume of conduit duct to be occupied and the availability of conduit capacity.
4. Defines separate categories of services offered by persons subject to occupancy fees.
5. Requires separate occupancy permits and fees for persons providing more than one defined category of service (i.e., a person who provides both cable and telecommunications services will be required to obtain separate occupancy permits for each service).
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Chapter 98 of the code is created to read:
CHAPTER 98
USE AND OCCUPANCY OF CITY-OWNED CONDUIT AND OTHER FACILITIES
98-1. Definitions. In this chapter:
1. ALTERNATIVE TELECOMMUNICATIONS UTILITY has the meaning given in s. 196.01(1d), Wis. Stats.
2. CABLE OPERATOR or OPEN VIDEO SYSTEM OPERATOR means any person who delivers cable service.
3. CABLE SERVICE means the one-way transmission to the public of video programming or other pro...
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