Section 24-3302. OCCUPANCY OF PUBLIC RIGHT-OF-WAY WITH STAND-ALONE CONDUIT, PIPES, AERIAL WIRE, OR SURFACE STRUCTURES HOUSING TRANSMISSION FACILITIES

 

3302.1Effective April 1, 2000, no person shall occupy the public right-of-way below ground with stand-alone conduit or pipe, above ground with aerial lines, or on the surface with any structure housing transmission facilities (other than public pay telephones) or be eligible to obtain public space permits authorizing or needed for the installation of such facilities, unless a Public Right-of-Way Occupancy Permit is issued by the Director.

 

3302.2Any person who, as of the effective date of this section, has installations for which a Public Right-of-Way Occupancy Permit is required under this section shall be issued a permit on March 31, 2000.

 

3302.3Persons seeking a Public Right-of-Way Occupancy Permit under this section shall submit an application on the form provided by the Department and shall set forth the following information:

 

(a)A detailed description of the existing or proposed stand-alone conduit, pipe, aerial wire, or surface structures housing transmission facilities;

 

(b)The existing or proposed number of linear feet of stand-alone conduit, pipe, aerial wire, or surface structures housing transmission facilities and the existing or proposed location thereof; and

 

(c)Such other information as may be required by the Director.

 

3302.4All persons holding Public Right-of-Way Occupancy Permits issued pursuant to this section shall pay a rental fee as described herein. Except, however, a Public Right-of-Way Occupancy Permittee regulated by the Office of Cable Television and Telecommunications for the provision of cable or video services shall be exempt from the rental fee requirement for its stand-alone conduit, pipe, aerial wire, or surface structures housing transmission facilities related to its cable or video franchise.

 

3302.5Persons described in § 3302.2 shall make the first rental payment no later than July 1, 2000 for the period covering April 1, 2000 through June 30, 2000 and shall provide the information required in section 3302.4 no later than June 15, 2000. Failure to comply with either of these requirements shall result in the suspension or revocation of the permit in accordance with Subsection 3304.3.

 

3302.6If a Public Right-of-Way Occupancy Permittee described in Subsection 3302.2 cannot ascertain the actual number of linear feet or square feet it occupied as of April 1, 2000, it shall provide the Director with its good faith estimate and describe the method by which the estimate was made. Rental payments required under this section for these existing installations shall be based upon this estimate unless the Director provides written notification that a different estimate shall be used.

 

3302.7The Director may revoke, in accordance with Subsection 3304.4, a Public Right-of-Way Occupancy Permit if the permit holder fails to pay the amount of the rental fee when and as due.

 

3302.8All Public Right-of-Way Occupancy Permittees with stand-alone conduits or pipes in the public right-of-way below the surface thereof shall pay a rental fee of $ 1.06 per linear foot of public right-of-way occupied. Notwithstanding the foregoing, a Public Right-of-Way Occupancy Permittee shall not be obliged to pay a rental fee for those stand-alone conduits or pipes that the Department can reasonably determine were abandoned prior to March 31, 2000.

 

3302.9All Permittees with aerial wires in the public right-of-way above the surface thereof shall pay a rental fee of $ 1.59 per linear foot of aerial space above the public right-of-way occupied.

 

3302.10All Permittees with structures housing transmission facilities in the public right- of-way on the surface of the right-of-way shall pay a rental fee of $1.59 per square foot of surface public right-of-way occupied.

 

3302.11Except as provided in Subsection 3302.5, rent shall be paid in advance on a quarterly basis. Rental payments shall be due on April 1, July 1, October 1, and the first business day of January of each year. The rent due shall equal the amount of public space occupied by the Public Right-of-Way Occupancy Permittee as of the rental payment due date multiplied by the applicable rate.

 

3302.12Each payment shall be accompanied by a certified statement from an authorized officer of the Public Right-of-Way Occupancy Permittee or a duly authorized representative stating that the amount of the payment is true and correct to the best of the officer's or representative's knowledge and belief after due inquiry.

 

3302.13Fees may be paid by cash, check or credit card. Checks shall be made payable to the D.C. Treasurer. Payments by credit cards shall include the requisite handling charge that is assessed by the credit card company. Late payments shall incur interest beginning 5 days after the date due at the rate of ten (10%) percent per annum, compounded daily. This provision does not limit the Director's right to revoke a permit for late payment, pursuant to subsection 3302.7.

 

3302.14On April 1, July 1, October 1, and the first business day of January of each year, each Public Right-of-Way Occupancy Permittee shall submit a quarterly report on the past quarter’s financial performance to inform the Department of its on-going activities related to the occupancy of the public rights-of-way and to provide an ongoing inventory of the Permittee's stand-alone conduits, pipes, aerial lines, and the surface housing of transmission facilities occupying the public rights-of-way.

 

3302.15The District reserves the right to audit the accuracy of the reports submitted by Public Right-of-Way Occupancy Permittees hereunder. Upon reasonable notice, Public Right-of-Way Occupancy Permittee shall allow the District access to all reports and records pertinent to the determination of the number of linear or square feet of public rights-of-way occupied by Permittee. The District shall also have the right to inspect Public Right-of-Way Occupancy Permittee's facilities to investigate the accuracy of reports and of rental payments based thereon. If, as a result of such audit and inspection, the District determines that any Public Right-of-Way Occupancy Permittee has under-counted the number of linear or square feet of public rights-of-way occupied by Permittee or has underpaid the rental fees due hereunder for any reason, the District shall make demand upon the Permittee for the underpaid amounts. Public Right-of-Way Occupancy Permittee shall pay such amounts within fifteen (15) days of such demand. If the underpayment exceeds five percent (5%) of Public Right-of-Way Occupancy Permittee's annual payment hereunder, Permittee shall, upon demand from District, pay to the District all costs reasonably incurred in such audit and inspection.

 

3302.16Any overpayment to the District shall be credited against the Public Right-of-Way Occupancy Permittee's next rental payment.

 

 

authority

The Public Rights-of-Way Occupancy Fees Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-192; 53 DCR 6899, 6984 (August 25 2006)).

source

Final Rulemaking published at 47 DCR 2353 (March 31, 2000); as amended by the Public Rights-of-Way Occupancy Fees Amendment Act of 2000, effective October 19, 2000 (D.C. Law 13-172; 47 DCR 6308 (August 11, 2000)); as amended by the Public Rights-of-Way Occupancy Fees Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-192; 53 DCR 6899, 6984 (August 25 2006)).