HomeMy WebLinkAbout98-3-5829470
City of Paducah's
Wireless Telecommunications Systems
Permit and Access Ordinance of 1998
City of Paducah's Wireless
Telecommunications Systems Permit
and Access Ordinance of 1998
Contents
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471
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Section
Paye
ter;,
1.
Short Title
1
2.
Definitions
1
3.
Requirements
6
4.
Length of Permits and Non -Exclusively
8
5.
Permit Conditions and Requiments
9
6.
Permit Locations
11
7.
Use of Streets, Assessments and
Pole Attachments
12
8.
Other Rules and Regulations
14
9.
Zoning Code
14
10.
Violations and Penalties
15
11.
Systems Sale and Transfer
15
12.
Cell Sites and Private Property
15
\I
13.
Reports and Records
16
..,
14.
Annual Audit Requirements
17
15.
Local Office
17
16.
Cell Site Removal
17
17.
Severability
17
18.
Effective Date
18
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471
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472
ORDINANCE NO. 98- 3 - 5829
AN ORDINANCE PROVIDING FOR THE ENACTMENT OF A NEW POLICY TO
REQUIRE A PERMIT AND ACCESS FOR THE PLACEMENT OF MICRO CELLS AND
PICO CELLS OR OTHER FORMS OF TRANSMITTERS AND RECEIVERS FOR THE
PURPOSE OF PROVIDING TELEPHONIC, TELEPHONE, TELEPOINT, PERSONAL
COMMUNICATION SERVICES (PCS), CELLULAR, SPECIALIZED MOBILE RADIO
(SMR), PAGING OR SIMILAR WIRELESS COMMUNICATION SERVICES ON OR
WITHIN THE RIGHTS OF WAY AND ESTABLISHING A PERMITTING PROCESS TO
PROVIDE FOR THESE DEVICES IN COMMERCIAL AND RESIDENTIAL BUILDINGS
NOT ZONED FOR THIS PURPOSE.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1.0 Short Title
This ordinance shall be known and may be cited as the Paducah Wireless Telecommunication
Systems Permit and Access Ordinance of 1998.
SECTION 2.0 Definitions
For the purposes of this Ordinance and any Permit issued in accordance herewith, the following
terms, phrases, words and their derivations shall have the meaning given herein unless otherwise
specifically provided for in this Ordinance or unless the context clearly indicates otherwise or
unless such meaning would be inconsistent with the manifest intent of the City of Paducah.
1. "Affiliate" means a person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with another
� person.
2. "Authority" means the Paducah Cable Communications Authority, the cable
communications administrative and regulatory body of the City of P a d u c a h ,
Kentucky.
3. `Backhaul network" means the physical network (wires, cables, fiber optics)
that connect micro cells or pico cells to a central switching point to the Public
Switched Telephone Network (PSTN).
4. "Board" means the Paducah -McCracken County Telecommunication and In-
formation System Service Board, a joint board created by the governments of
the City of Paducah and McCracken County. The general function of the Board
is to provide a broad array of information and telecommunication services to
both governments and their related entities and organizations, including, but not
limited to, the carriage and distribution of voice, video telemetry, digital, data
network signals and services, and the operation of all computer services in-
cluding but not limited to all hardware and software for the City or County's
personal computers (PC's), file/client servers, main frames and PC's.
5. "Cell site" means the location of a transmitter/receiver and backhaul network
interface which provides simultaneous telephonic or telecommunications type
services to two (2) or more subscribers or users. The locations also include
single pole mounted receiver/transmitter units located on new or existing utility
poles or structures in the rights of way, strand mounted transmitter/receiver
units, receiver/transmitter locations on new or existing antenna structures, a n d
receiver/transmitter units located in buildings, multiple dwelling structures,
single residential units and on roof tops. Transmitter/receiver units serving
single individual users are not considered cell sites.
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6. "Channel" means a band of electromagnetic frequencies used to carry one or
more television, radio, or other communications signals (about 6 MHZ Analog
R.F.) or its equivalent capacity.
7. "City" means the City of Paducah, Kentucky.
8. "City Manager" means the chief executive officer and/or the manager of the City
of Paducah, Kentucky and his or her office is the designated authority for pro-
viding oversight, regulation and enforcement of the requirements in this ordi-
nance.
9. "Commission" means the Mayor and Board of Commission of the City of
Paducah, Kentucky.
10. "Easements" means any strip of land created by a subdivider for public or pri-
vate utilities, sanitation, or other specific uses having limitations, the title to
which shall remain in the name of the property owner, subject to the right of way
use designated in the reservation of servitude. No facility may be constructed
or erected within the easement without the permission of the City.
11. "Engineering Department" means the Engineering department that is responsible
for all engineering matters connected with streets, roads, alleys, right-of-ways
and public works for the City of Paducah.
12. "FCC" means the Federal Communications Commission or its legally appointed
successor.
13. "Local Access Transport Area" (LATA) means that the geographic area and
communication system in which the City of Paducah is located and in which the
local exchange telephone company or any subsequent telephone company or by-
pass carrier is authorized by the Public Utility Commission or appropriate
authorizing agency to provide local exchange access telecommunications ser-
vices.
14. "Local telephone service" means:
(a) The access to a local franchised or licensed telephone system, and the
privilege of telephonic -quality communications with substantially all
persons having telephone or telephone radio stations constituting a part
of such local telephone system; or any facility or service provided in
connection with a service described in this paragraph (a).
(b) The term "local telephone service" does not include any service which is
a toll telephone service; personal communications service; private com-
munication service; cellular mobile telephone or telecommunication
service; conventional mobile telephone or telecommunication service;
conventional mobile, radio, or paging and pager service, including but
not limited to "Beepers" and any other form of mobile and portable one-
way or two-way communication; or telephone typewriter or computer
exchange service.
15. "Mayor and Board of Commissioners" means the Paducah City Mayor and
Board of Commissioners, the governing body of the City of Paducah, Kentucky.
16. "Micro cell" means a transmitter/receiver system used to communicate to the
subscribers' handset, typically with a range of 600 - 1000 meters.
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17. "Open video system" means telecommunications distribution facilities certified
by the Federal Communications Commission pursuant to Section 653 of the
Communications Act of 1934, as amended by the Telecommunications Act of
1996.
18. "Other ways" means the highways, streets, alleys, utility easements or other
rights-of-way within the City, but under the jurisdiction and control of a gov-
ernment entity other than the City of Paducah, Kentucky
`' 19. "Paducah Cable Communications Authority" means the cable communications
administrative and regulatory body of the City of Paducah, Kentucky.
20. "Permittee" means the person, firm corporation, organization, profit, non-profit
or not for profit or its legal successor in interest who is issued a Wireless Tele-
communications Permit or permits in accordance with the provisions of this
Ordinance for the erection, construction, reconstruction, operation, dismantling,
testing, use, maintenance, repairing, rebuilding or replacing of a wireless
telecommunications system in the City.
21. "Person" means any person, firm, partnership, governmental entity, cooperative,
association, company, corporation or organization of any kind.
22. "Pico cell" means a transmitter/receiver system used to communicate to the
subscribers handset, typically with a range of 200 - 600 meters.
23. "Private communications system" means a system of communication lines,
cables, fiber optic cables, light guides and equipment and facilities which are
used to provide a telephone, video, data, telemetry, intercom, cable television,
telephonic or telecommunications services that in any manner occupies the
easements, streets, public ways within the corporate limits of the City as it may
now or in the future exist. "Private communications system" does NOT include
any part of a State or Municipally franchised local exchange telephone company
or part of a cable television system or telephone system franchised by the City or
any part of a Federal, State, County, or Local government owned telecommuni-
cations system.
24. "PSC" or "Kentucky Public Service Commission" means the state adminis-
trative agency, or lawful successor, authorized to regulate and oversee tele-
communications carriers, services and providers in the state of Kentucky.
25. "Public street" means any highway, street, alley or other public right of way for
motor vehicle travel under the jurisdiction and control of the City which has
been acquired, established,dedicated or devoted to highway purposes not in-
consistent with telecommunications facilities.
26. "Public way" means and includes all public streets, ways and utility easements,
as those terms are defined herein, now or hereafter owned by the City, but only
tothe extent of the City's right, title, interest or authority to grant a license or
franchise to occupy and use such streets, ways and easements for telecommuni-
cations facilities.
27. "Recurring local service revenues" means and shall include but are not limited
to, all service revenues set out now or which may in the future represent those
presently set out in revenue accounts as established by the Federal Communi-
cations Commission for the local service revenues and network access service
revenues in accordance with 47 CRF Section 32 Subpart D and any cross refer-
enced accounts or sub accounts as may be established by the City relating to
those FCC Account Numbers.
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28. "Rights of way" means all present and future streets, avenues, highways, alleys,
bridges and public ways (excluding railroad rights-of-way) within the city limits
of the City.
29. "Street" means any area established for vehicular or public access providing for
use of the entire width between the property lines of every way publicly main-
tained when any part thereof is open for public purposes. "Street" includes,
but is not limited to, highway, avenue, road, alley, right of way, lane, boulevard,
>> concourse, bridge, tunnel, parks, parkways, medians, and water ways.
30. "Toll telephone service" means:
(a) A telephonic quality communication for which there is a toll charge
which varies in amount with the distance or elapsed transmission time of
each individualcommunication; or
(b) A service which entitles the subscriber or user , upon the payment of a
periodic charge which is determined as a flat amount or upon the basis of
the total elapsed transmission time, to the privilege of an unlimited
number of telephonic communications to or from all or a substantial
portion of the persons having telephone or radio telephone stations in a
specified area which is outside the Local Telephone Service Area.
31. "Total gross revenue" means all cash, credits, or property of any kind or nature
reported as revenue items to the permittee's audited income statements arising
from or attributable to the sale, rental; or exchange of wireless communication
services or equipment by the permittee within the City or in any way derived
from the operation of the permittee's wireless telecommunications system
including but not limited to any interconnection between the permittee's system
in the City any other system whatsoever including by-pass carriers, local ex-
change telephone companies, and cable television systems. This sum shall be
the basis for computing the fees imposed pursuant to Section 3(3). Such sum
shall be considered a fee and not a tax but shall not include any bad debts,
deposits, promotional or vendor discounts or credits nor sales, service, occupa-
tional or other excise tax to the extent that such taxes are charged and billed as
separate items from the normal service charges and are remitted by the permittee
directly to the taxing authority.
32. "Wireless Telecommunication Permit or Permit" means the privilege granted by
the City of Paducah by which it authorizes a person, firm or corporation to erect,
construct, reconstruct, dismantle, test, use, maintain, repair, rebuild, operate or
replace a wireless telecommunications system that occupies any portion of the
public places within the City of Paducah. Any permit issued herewith shall be a
non exclusive permit.
33. "Wireless telecommunication system" means any system which uses a form of
one way or two way cellular or radio telephony which allows business and
residential subscribers to access and/or make telephone or telephonic type calls
to each other through the wireless telecommunications system or over the public
switch telephone network (PSTN) using small cordless telephone devices which
communicate with limited range cells (transmitter/receiver sites) connected to a
backhaul network.
SECTION 3.0 Requirements
1. Permit Requirement. No person, firm or corporation whether public, private,
governmental, cooperative, nonprofit or not for profit shall construct, operate or
continue to operate a Wireless Telecommunications System which occupies any
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part of the easements, streets, public ways and public places within the City
without having been issued a Wireless Telecommunications Permit by the City
of Paducah, Kentucky.
2. Wired Networked Requirement. Privately placed lines, fiber optic cables or
other conductors placed by the permittee to support the backhaul portion of the
network are subject to all appropriate City of Paducah ordinances unless the
permittee is an existing legally franchised telephone company, cable television
company or power company whose franchise includes telecommunications as an
allowed service by the City of Paducah, Kentucky.
C11
3. Compensation Requirements. Except as hereinafter provided, it shall be a term
and condition of any Wireless Telecommunication Permit issued in accordance
herewith, that, as part of, the consideration supporting the issuance of such
Wireless Telecommunications Permit and the City's permission to occupy and
use the easements, streets, public ways, public places and rights of way, that the
permittee agrees and shall pay to the City of Paducah compensation and license
fees as set out below:
a. Permit Request Fee. All applicants may be required to pay a permit
request fee on a per cell site basis or a minimum fee whichever is greater.
b. Gross Revenue Fee. The permittee may be required to pay to the City of
Paducah a minimum fee or the maximum allowed by law. The fee shall
include but not be limited to equipment sale, equipment rental, voice
service, data service, vehicle location services, security monitoring,
paging and all other services and revenue from related subsidiary com-
panies which use the wireless system to directly generate any portion
of their revenue. A Permit Fee pursuant to Section 3(a) and (b) of this
Ordinance is not a tax, it is a permit fee for the use and regulation of
Cipublic property and rights-of-way. The City of Paducah, Kentucky
reserves the right to assess and establish annual competitively and non-
discriminatory rights-of-way and permit fees at a later date. The amount
of the fees shall be assessed and established by the Mayor and Board of
Commissioners in the form of an amendment to this ordinance.
C. Cell Site Permit Renewal Fee. The permittee may be required to pay to
the City of Paducah an annual permit renewal fee on a per cell site basis.
d. Fee Adjustments by the City of Paducah. The City of Paducah may
adjust these permit fees each year to the extent allowed by the law. The
minimum adjustment shall be set by the cumulative increase in the
Consumer Price Index published by the United States Department of
Labor for Urban Wage Earners (1967=100%), since the initial estab-
lishment of this permit fee for any and all subsequent increases after
the first increase, and only after a public hearing and at least twenty (20)
days notice to all permittees, except as hereinafter provided.
e. Payment of Fees. The annual compensation and permit fee provided for
in sub -section 3(b) shall be payable annually on or before October 1 of
each calendar year for the portion of the wireless telecommunications
system within the right of way on January 1 of that year and a prorated
permit fee, based upon the calendar quarter in which the application is
filed, shall be paid at the time of application for a Wireless Telecom-
munications Permit for all new portions of the system. The quarterly
revenue fees are due January 1, April 1, July 1, and October 1 of each
calendar year. No adjustments shall be made for the time value of
money.
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f. Use of Fees and Compensation. It is intended that the compensation and
permit fees will be used solely to promote the health, safety, and welfare
of the citizens and taxpayers of the community. The City of Paducah,
Kentucky reserves the right to designate the use of the rights-of-wayand
permit fees at a later date. The designation of the use of these fees shall
be made by the Mayor and Board of Commissioners in the form of an
amendment to this ordinance.
g. Late Payment Penalty. Fees not paid within ten (10) days after the due
date shall bear interest at the rate of one percent (1%) per month from the
date due until paid.
h. Acceptance of Payments. The acceptance of any payment required
hereunder by the City of Paducah shall not be construed as an acknow-
ledgment that the amount paid is the correct amount due, nor shall such
acceptance of payment be construed as a release of any claim which the
City of Paducah may have for additional sums due and payable.
i. Audit of Payments. All fee payments shall be subject to audit by the City
of Paducah and assessment or refund if the payment is found to be in
error.
j. Incorrect Payment Penalty. In the event that such audit results in an
assessment by an additional payment to the City of Paducah, such addi-
tional payment may be subject to interest at the rate of one percent
(1%) per month retroactive to the date such payment should have been
paid, which shall be due and payable immediately.
k. Federal, State and Local Tax Liability. Nothing in this Ordinance shall
be construed to limit the liability of the permittee for all applicable
Federal, State and Local taxes and other permit fees as may be required
by City of Paducah Ordinance.
4. Utility Notification Requirement. Any holder of a Wireless Telecommunications
Permit must be a member of the City of Paducah's approved utility notification
system (such as "BUD"- "Before You Dig") or any subsequent alert and warn-
ing system to protect and locate their underground, pole and cell site mounting
structures.
SECTION 4.0 Length of Permit and Non Exclusivity
1. Non Exclusivity. Any Wireless Telecommunications Permit issued by the City
of Paducah in accordance herewith shall be a permit for the use of the ease-
ments, streets, public ways or public places within the City as specified in
the Wireless Telecommunications Permit for the erection, construction, recon-
struction, operation, maintenance, dismantling, testing and use of a wireless tele-
communications system. The City of Paducah may, at its option, issue tele-
communications permits or similar permits to any and all qualified requesters.
2. Conditions for Continuance. Any Wireless Telecommunications Permit issued
in accordance herewith by the City shall continue in full force and effect so long
as the permittee is in compliance with this Ordinance, all applicable federal,
state and local ordinances and regulations and the space occupied in the ease-
ments and rights-of-way are not needed for a public purpose.
3. Removal upon Revocation. In the event any Wireless Telecommunications
Permit shall be revoked, the applicable wireless telecommunications system
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478
shall, at the option of the City, be removed from the streets, easements, public
ways and public places at the sole expense of the permittee.
SECTION 5.0 Permit Conditions and Requirements
1. Application requirement. Applications for permits to construct telecommuni-
cations facilities shall be submitted upon forms to be provided by the city and
shall be accompanied by drawings, plans and specifications in sufficient detail to
demonstrate:
a. That the facilities will be constructed in accordance with all applicable
codes, rules and regulations.
b. The location and route of all facilities to be installed on existing utility
poles.
C. The location and route of all facilities to be located under the surface of
the ground, including the line and grade proposed for the burial at all
points along the route which are within the public ways.
d. The location of all existing underground utilities, conduits, ducts, pipes,
mains and installations which are within the public ways along the
underground route proposed by the applicant.
e. The location of all other facilities to be constructed within the Village,
but not within the public ways.
f. The construction methods to be employed for protection of existing
structures, fixtures, and facilities within or adjacent to the public ways.
g. The location, dimension and types of all trees within or adjacent to the
public ways along the route proposed by the applicant, together with a
landscape plan for protecting , trimming, removing, replacing and re-
storing any trees or areas to be disturbed during construction.
2. Certification requirement. All permit applications shall be accompanied by the
certification of a registered professional engineer that the drawings, plans and
specifications submitted with the application comply with applicable technical
codes, rules and regulations.
3. Traffic Control requirement. All permit applications which involve work on, in,
under, across or along any public ways shall be accompanied by a traffic control
plan demonstrating the protective measures and devices that will be employed,
consistent with Uniform Manual of Traffic Control Devices, to prevent injury or
damage to persons or property and to minimize disruptions to efficient ped-
estrian and vehicular traffic.
4. Construction Schedule Requirement. The permittee shall submit a written con-
struction schedule to the Communications Administrator ten (10) working
days before commencing any work in or about the public ways. The permittee
shall further notify the Communications Administrator not less than two (2)
working days in advance of any excavation or work in the public ways.
5. Compliance with Permit Requirement. All construction practices and activities
shall be in accordance with the permit and approved final plans and specifi-
cations for the facilities. The City Manager's office and its Communications
Officer shall be provided access to the work and such further information as he
or she may require to ensure compliance with such requirements.
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479
6. Display of Permit Requirement. The permittee shall maintain a copy of the
construction permit and approved plans at the construction site, which shall be
displayed and made available for inspection by the City Manager's office or its
Communications Officer at all times when construction work is occurring.
7. Survey of Underground Facilities Requirement. If the construction permit
specifies the location of facilities by depth, line, grade, proximity to other fa-
cilities or other standard, the permittee shall cause the location of suchfacilities
to be verified by a registered Kentucky land surveyor. The permittee shall
Q�'
relocate and facilities which are not located in compliance with permit require-
' ments.
8. Any Wireless Telecommunication Permit issued by the City shall continue in
full force and effect so long as the permittee is in compliance with this Or-
dinance, all applicable Federal, State and local laws and ordinances and regu-
lations and the space occupied is not needed for a public purpose.
9. In the event any Wireless Telecommunication Permit shall be revoked, the
applicable Wireless Telecommunications System shall, at the option of the City,
be removed from the streets, public ways and public places at the sole expense
of the Permittee.
10. The permittee shall maintain all wires, conduits, cables, and other real and
personal property and facilities in good condition, order and repair. The per-
mittee shall provide indemnity insurance and performance bonds or demon-
strate financial responsibility, as required in Section 6-(10) and shall comply
with all rules and regulations issued by the City Manager's office governing the
construction and installation of private communications systems.
11. The permittee shall keep accurate, complete and current maps and records of its
C, system and facilities which occupy the streets, public ways and public places
within the City and shall furnish as soon as they are available two (2) complete
copies of such maps and records, including as -built drawings, to the City Mana-
ger's office.
12. The permittee shall comply with all rules and regulations issued by the City
Manager's office governing the construction and installation of Wireless Tele-
communications Systems. The City of Paducah, Kentucky reserves the right,
upon the City Manager's recommendation, the re -designation of regulation and
oversight required in this ordinance. The re -designation of oversight and regu-
lation authority may be to a qualified city entity, department, board or authority.
The re -designation of the oversight, regulation and enforcement authority shall
be in the form of an amendment to this ordinance.
SECTION 6.0 Permit Locations
1. Permit Location Requirements. Any Wireless Telecommunication Permit issued
in accordance herewith for a Wireless Telecommunications System or single cell
site shall apply only to the locations shown on the Wireless Telecommunications
Permit as issued. Each permit shall clearly state the accurate location of each
cell site and specify the height, mounting mechanism, and cell configuration.
Each and every cell site regardless of location shall have a permit issued in
accordance herewith. The permit number shall be permanently affixed to the
cell site and readable without a ladder.
2. Other Ordinances and Permits. Nothing in this Ordinance shall be construed as a
representation, promise or guarantee by the City that any other permit or other
authorization required under any City Ordinance for the construction and opera -
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tion of a Wireless Telecommunications System shall be issued. The require-
ements for all and any other permits as may be required by any other City Ordi-
nance shall still apply and all other applicable permit fees shall still be due.
SECTION 7.0 Use of Streets. Easements and Pole Attachments
1. All other Permits Required. Before commencing the construction of its Wireless
Telecommunications System in, above, over, under, across, through or in any
way connected with the easements, streets, public ways or public places of the
City, the permittee shall first obtain the written approval of , and all necessary
permits from, all appropriate City/County Agencies, including, but not limited to
the Engineering Department, the Planning and Zoning Department, Department
of Public Works, Department of Finance's Occupational Licenses, Street De-
partment, and any other City department as may be appropriate. Applications
for such approval shall be made in the manner prescribed by each City Depart-
ment.
2. Notice before Construction. Upon obtaining such written approval (Section
7111), the permittee shall give the appropriate City Agency written notice within
a reasonable time (not less than thirty (30) days) before any actual construction
shall commence. This section shall not apply for the emergency repairs or
damaged cell sites and backhaul network facilities.
3. Use of Existing Poles. Any person, firm or corporation who submits a request
for a permit in accordance herewith shall include therein proposed agreements
for the use of existing utility poles and conduits, if applicable, with the owner(s)
of such facilities to be used or affected by the construction of the proposed
Wireless Telecommunications System, which agreements shall become effective
on the date of execution of the permit issued in accordance herewith in the event
that such a person, firm or corporation is issued a permit. In the event that
permission to use existing poles or conduits cannot be obtained, the Permittee
shall submit documentation to support the unavailability of existing poles or
facilities and a detailed plan for construction insuring protection for existing
facilities. Such plans shall include detailed drawings of the pole or support
structure locations and manufacturer's specifications for the cell site equipment.
4. Surface Disturbance Requirement. It shall be unlawful for the permittee or any
other person to open or otherwise disturb the surface of any easement, street,
sidewalk, driveway, public place or public way for any purpose whatsoever
without obtaining approval to do so after proceeding in the manner described in
Sections 7(1) and 7(2). Violation of this Section shall subject the permittee to
all penalties and remedies legal or equitable which are available to the City.
5. Street and Sidewalk Restoration. The permittee shall restore any easement,
street, sidewalk, public way or public place it has disturbed in accordance with
the City Engineering Department's specifications and approval for such restora-
tion, and shall, at the permittee's own cost and expense, restore and replace any
other property, whether public or private, disturbed or damaged or in any way
injured by or on account of its activities to as good as the condition such prop-
erty was in immediately prior to the disturbance, damage or injury or pay the fair
market value of such property, public or private, to the property's owner or shall
make other repairs or restorations as outlined in the approved permit. The
permittee shall warrantee all such repairs for a period of five (5) years.
6. Temporary Removal of System Components. The permittee, at its own cost and
expense, shall protect, support, temporarily disconnect, relocate in the same
easement, street, public place or public way any of its property when required to
do so by the City because of street or other public excavation, construction
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481
repair, regarding, or grading; traffic conditions, installation of sewers, drains,
water pipes, City of Paducah owned power, telephone, cable television or signal
lines, tracts; vacation or relocation of streets or any other type of structure or
improvement necessary for the public health, safety or welfare, or upon termi-
nation or expiration of this Permit.
7. Requests for removal or temporary removal of the permittee's system or any
portion thereof for nonpublic purposes such as house or structure moving, lot
clearing or similar nonpublic purposes must be honored be the permittee with
the usual cost and expense to be borne be the requesting person, firm or corpo-
ration.
8. New Pole Prohibition. Nothing in this Ordinance or any permit issued in ac-
cordance herewith, shall be construed as authorizing the permittee to erect and
maintain new poles or support structures in areas serviced by existing utility
poles, if such utility poles or support structures are available for the permittee's
use. The permittee shall obtain written approval from the City Manager's office
and other appropriate City agencies and all affected providers including utility
companies, franchised cable television companies and any and all other persons,
firms or corporations legally using the easements, streets, rights-of-way, or
public places before erecting any new poles or cell site support structures. In
residential areas, the City variance procedure must be followed when cell site
support structures or poles are to be installed.
9. System Maintenance Requirement. The permittee shall maintain all wires,
conduits, cables, permittee owned poles, electronic systems, support structures
and other real and personal property in good condition and repair. The permittee
shall comply with all rules and regulations issued by any duly authorized fed-
eral, state or local agency governing the construction, installation and operation
of a Wireless Telecommunications System.
10. Insurance and Bonding Requirements. The permittee shall provide liability and
indemnity insurance listing the City as a co-insured and performance bonds and
security funds or demonstrate financial responsibility as may be required by the
City in its Wired Telecommunications Ordinance of 1997 (Section No. 20 and
No. 25).
11. Permittee Record Requirements. The permittee shall keep accurate, complete
and current maps and records of its system and facilities which occupy the
easements, streets, public places and public ways within the City and shall
furnish, as soon as they are available, two (2) complete copies of such maps,
records and drawings, including as built drawings, to the City Manager's office.
12. The permittee shall maintain for the City's review accurate financial and billing
statements. This information shall include all revenues derived from the system
including equipment rental, service charges, toll charges, access line charges,
advertising revenues, leased line revenues and any other revenues reported as
income.
SECTION 8.0 Other Rules and Regulations
1. No person shall construct, operate or continue to operate a wireless telecommui-
cations system, wire telecommunication system, or a private communication
system which occupies the streets, public ways or public places within the City
without having been issued a permit or license by the City of Paducah, or a
franchise for telephone, telecommunication service, video distribution system or
a cable television or cable communications system by the City of Paducah.
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2. The permittee shall comply with all other Federal, State, County or City rules
and regulations as may exist at the issuance of a permit issued in accordance
herewith and as may be promulgated and legally apply to the permittee in the
future.
SECTION 9.0 Zone Code
1. Zoning Code Requirements. The Paducah Planning and Zoning Commission
shall give priority to cases arising under the zoning code involving holders of a
wireless telecommunications permit.
SECTION 10.0 Violations and Penalties
1. Code Violations. Any person, firm or corporation who shall carry on or conduct
any business, occupation or profession for which a permit is required by this
Ordinance without first obtaining a permit as required hereunder shall be con-
sidered to be in violation of this Ordinance, upon conviction shall be punished as
provided for in the City of Paducah Code of Ordinances.
SECTION 11.0 System Sale and Transfer
1. Permit Termination Upon Sale. The rights and privileges hereby granted are
considered personal, and if the permittee sells, assigns, transfers, leases or
pledges such rights or privileges, or both, in whole or in part without the express
written consent of the City of Paducah, Kentucky, either directly, indirectly or
by operation of the law, then the City shall have the right, at its option to term-
inate any and all permits issued hereunder for no other cause. The City shall
terminate such permits in writing, certified mail return receipt request, to per-
mittee and such termination shall be effective sixty (60) days from said date
of mailing. The rights and privileges hereby granted shall not be mortgaged or
encumbered without the prior consent and approval of the City given by written
resolution.
2. Permit Termination Upon Change of Control. In addition to the provision for
termination provided for in Section 8(1), the City shall have the right to term-
inate any and all permits issued hereunder upon any actual or pending change in
or transfer of control, acquisition by any other party of control of the permittee.
The word "control" as used in this context is not limited to major stockholders
but includes actual working control in whatever manner exercised. Permittee
shall annually submit to the City a list of all shareholders and a list of all officers
and directors. By acceptance of the Permit issued hereunder, the permittee
specifically agrees that any violation of this section shall, at the City option,
cause any and all permits granted to the permittee under this Ordinance to be
immediately revoked.
SECTION 12.0 Cell Sites on Private Property
1. Commercial Property. Micro cell and pico cell sites are allowed on commercial
property. Each cell site will require a permit as indicated in Section 2.0 of this
Ordinance. The permit application for a cell site on commercial property must
include a detailed design drawing of the proposed cell site location, a statement
of permission by the property owner which statement must be signed and no-
tarized. All fees and requirements of this ordinance shall apply to cell sites
located in or on commercial property.
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2. Residential Property. No micro cell, pico cell, repeater or translator sites that
serve more than two (2) subscribers, both of which must be at the same address,
shall be allowed on property zoned residential by the City of Paducah's Planning
and Zoning Codes. Cell sites serving multiple dwelling units shall not be allow-
ed under this Ordinance and all the terms and conditions of this Ordinance
including Section 12(c) shall apply.
3. Placement of cell sites serving more than three (3) users, or users at different
addresses on single unit residential property is a violation of this Ordinance and
subject to fine of not less than $5,000.00 and $500.00 per day for each and every
day the cell site is active.
SECTION 13.0 Reports and Records
1. Financial Reporting Requirement. Individuals, firms or corporations requesting
permits for new cell sites or cell site systems may, at the City's option, be re-
quired by the City to submit evidence of the financial capability to construct
and operate such Wireless telecommunications Systems as may be included in
the permit request. Such evidence may include, but not be limited to, previous
years audited financial statements for the requesting corporation, firm or in-
dividuals, financial statements for principals or investors or other such informa-
tion as the City may deem necessary.
2. Copies of all petitions, applications, and communications submitted by the
licensee to the FCC, Securities and Exchange Commission, the Kentucky Public
Service Commission, or any other federal or state regulatory commission or
agency having jurisdiction in respect to any manners affecting the permit, shall
be simultaneously submitted to the City Manager's office or its designee;p r o -
vided, however, that the City Communications Officer and the permittee may
agree that copies of documents of particular classes need not be submitted if
held by the permittee to be made promptly available to the City on request.
3. The City of Paducah shall have access to all books of account and records of the
licensee and its affiliates and subsidiaries for the purpose of ascertaining the
correctness of any and all reports and shall be given access to all such records
upon request.
4. Any false entry in the books of account or records of the licensee or false state-
ment in the reports to the City Manager's office as to a material fact, knowingly
made be the licensee, shall constitute a major violation of the Permit.
SECTION 14.0 Annual Audit Requirement
1. The permittee shall provide the City with a written statement from an indepen-
dent certified public accountant within 120 days after the close of each calendar
year that such certified public accountant has reviewed the books and records of
the permittee as they relate to any permits issued under this Ordinance and based
on such review, the certified public accountant believes the payments received
by the City properly reflect the fees due to the City with request to this Ordi-
nance. The City shall have the right to reasonable inspection or audit of the
\' permittee's books and records during normal business hours.
SECTION 15.0 Local Office
1. The permittee shall maintain a local business office or authorized agent open to
the public during normal business hours for the purpose of handling customer
service including requests for new service, existing service problems, general
complaints and for the receiving of payments. All of the permittee's books and
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records must be maintained in this local office or another local office located in
the City. The local office must be conveniently located within the incorporated
area of the City.
SECTION 16.0 Cell Site Removal
1. Upon cancellation, revocation or denial of the permit required by this Ordinance,
the requester or Permittee shall remove such designated cell site(s) and support
structures as requested by the City, such removal to be completed within ninety
(90) days. At the end of ninety (90) days the City may, at its option, have the
cell site(s) removed, with such costs being the responsibility of the permittee.
SECTION 17.0 Severability
1. If any section, subsection, sentence, clause, phrase, definition or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court or
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity or the re-
maining portion hereto.
SECTION 18.0 Effective Date
1. This ordinance shall be read on two separate days and will become effective
upon summary publication pursuant to Kentucky Revised Statues (KRS) Chap-
ter 424.
Albert Jones, May
Attest:
Lenita Smith, City Clerk
Introduced by the Board of Commissioners. _February 24, 1998
Adopted by the Board of Commissioners March 10, 1998
Recorded by Lenita Smith, City Clerk March 101 1998
Published by The Paducah Sun
March 17, 1998
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