§ 9.5-5-5. Issuance of permit.

(a)

Approval or denial. The authority to approve or deny an application for a permit is hereby delegated to the executive director. Pursuant to Section 15(3) of the Act, the executive director shall approve or deny an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit under section 9.5-5-5.4(b) of this article for access to a public right-of-way within the city pursuant to Section 6(6) of the Act, the executive director shall notify the MPSC when a permit has been granted or denied, including information regarding the date on which the application was filed and the date on which permit was granted or denied. The executive director shall not unreasonably deny an application for a permit.

(b)

Form of permit. If an application for permit is approved, the executive director 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.

(c)

Conditions. Pursuant to Section 15(4) of the Act, the executive director may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider's access and usage of the public right-of-way.

(d)

Bond requirement. Pursuant to Section 15(3) of the Act, and without limitation on subsection (c) above, the executive director may require that a bond be posted by the telecommunications provider as a condition of the permit. 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 telecommunications provider's access and use.

(Ord. No. 21-02, § 1, 10-30-02)