(a) The rates, fees, terms, and conditions for make-ready work to collocate on a city pole shall be nondiscriminatory, competitively neutral, and commercially reasonable and shall reimburse all reasonable costs incurred by the city in compliance with the Act.
(b) The city shall provide a good faith estimate for any make-ready work necessary to enable the city pole to support the requested collocation by an applicant, including pole replacement if necessary, within one hundred twenty days after receipt of a completed application. Make-ready work, including any pole replacement, shall be completed within ninety days after written acceptance of the good faith estimate by the applicant. The city may require replacement of the city pole only if it determines and provides details indicating that the collocation would make the city pole structurally unsound. The city shall have the option to require the applicant to order and install any replacement poles when necessary.
(c) The person owning, managing, or controlling the city pole shall not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work shall not include costs related to known preexisting or prior damage or noncompliance. Fees for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to other communications service providers for reasonably similar work and may include reasonable consultant fees or expenses.
(d) For purposes of this Section, make-ready work generally refers to the modification of utility poles or lines or the installation of guys and anchors to accommodate additional facilities.
Source: Ord. No. 5678, § 1, 09-08-2020;