Section 24-3310. GENERAL TERMS AND CONDITIONS

 

3310.1In addition to the Public Right-of-Way Occupancy Permit, a Permittee shall obtain all other required permits and licenses, and other forms of approval, including, where applicable, approval of the Downtown Streetscape Committee in accordance with Chapter 11 of this Title, prior to occupying the public space, public right-of-way, or public structure that is the subject of the Public Right-of-Way Occupancy Permit.

 

3310.2The duration of Public Rights-of-Way Occupancy Permits is as follows, with provisions for renewal thereafter:

 

(a)Permits issued pursuant to Section 3302 shall be valid for twenty (20) years;

 

(b)Permits issued pursuant to Sections 3303 shall be valid for not more than one (1) year; and

 

(c)All other Permits shall be valid for terms not to exceed ten (10) years.

 

3310.3Any permit shall be subject to suspension or revocation for failure of the Public Right-of-Way Occupancy Permittee to comply with these regulations, other applicable federal and District laws and regulations, or the terms and conditions of the Permit.

 

3310.4The Director shall provide Public Right-of-Way Occupancy Permittee with a notice of intent to suspend or revoke. The Permittee shall have a 30-day period to cure the deficiency or offer a written defense, which may include a request for a hearing. The Director shall consider the defense and decide, in his or her discretion, whether to grant a hearing or issue a written decision. The procedures for any hearing permitted by the Director shall be specified in the notice of hearing. In the event that any permit is revoked, the Public Right-of-Way Occupancy Permittee shall, at the Department's request, remove the installation that was the subject of the revoked permit from the public space, public right-of-way, or public structure. The cost of removal shall be at the Public Right-of-Way Occupancy Permittee's sole expense.

 

3310.5The Public Right-of-Way Occupancy Permittee shall not transfer or assign its interest in any Permit issued in accordance herewith without the prior written authorization of the Department of Public Works. For purposes of this section, a merger or consolidation of the Permittee with another company, a pledge of assets as collateral on a loan, an assignment to an affiliate, parent, or subsidiary of the Permittee, or a transfer of stock shall not be deemed a transfer or assignment. If all or part of Permittee's facilities in public space, the public right-of-way, or public structures are sold, if Permittee makes a general assignment of its entire assets, or if title to any of Permittee's facilities in public space, the public right-of- way, or public structures is in any manner conveyed to another Person, Permittee shall give written notice to the Director of such occurrence, and the new owner shall make application with the Director for transfer of the Permit. From and after receipt of such written notice, the new owner of the facilities will be responsible for the payment of the rental fees hereunder. If Permittee fails to notify the Director as required in this paragraph, Permittee shall remain liable for all rental fee payments due hereunder.

 

3310.6No portion of the public space, public right-of-way, or public structure occupied by the Permittee, except that occupied by stand-alone conduits or pipes, or aerial lines, may be leased or subleased for a fee without express written permission from the Department permitting such lease or sublease, subject to such terms and conditions as the Department may impose. Nothing contained in this Chapter shall be construed as to impede the interconnection requirements prescribed by federal and District law.

 

3310.7A Public Right-of-Way Occupancy Permittee shall not authorize any other Person to make use of the Permittee's facilities in the public space or right-of-way without demonstration that the Person is authorized by the Department to make the contemplated use and that the Person holds the appropriate permits from the Department.

 

3310.8Nothing in this chapter shall be construed to limit the liability of the Public Right-of-Way Occupancy Permittee to pay all applicable Federal and District taxes.

 

3310.9All payments shall be subject to audit by the District and assessment or refund if the payment is found to be in error. In the event that such audit results in the assessment of an additional payment to the District, such additional payment may be subject to interest at the rate of one percent (1%) per month retroactive to the date such payment originally should have been paid, which shall be due and payable immediately in addition to the cost of the audit as provided in Section 3303.4 of this Chapter. Any overpayment to the District shall be credited against the Public Right-of-Way Occupancy Permittee's next rental payment.

 

3310.10For permits issued under Section 3300 of this Chapter, prior to the deployment of the Permittee's wireless communications system, the Permittee shall file with the Department a network plan that clearly identifies the network's component devices and their specifications and location.

 

3310.11The Permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate or remove its facilities from any public streetlight pole or the surface of the public right-of-way when required to do so by the Department and shall, at its own cost and expense, remove its facilities upon expiration of the Permit.

 

3310.12Nothing in this Chapter or any Permit issued in accordance herewith for aerial facilities shall be construed as authorizing the Public Right-of-Way Occupancy Permittee to erect and maintain new streetlight poles or support structures.

 

3310.13The Public Right-of-Way Occupancy Permittee shall properly maintain the occupied public space, public right-of-way, public structure, and all facilities installed as part of the Permittee's system so that the Permittee's installation does not interfere with or disrupt the operation of any equipment or facility belonging to the District or other permitted users, or pose a danger to the public. The Permittee shall keep all surface installations, including personalized pavers, free of ice, snow, leaves, litter, refuse and other deposits.

 

3310.14The Public Right-of-Way Occupancy Permittee shall demonstrate financial responsibility or provide evidence of indemnification insurance and performance bonds as required by the Department. The amounts of the insurance and bonds will be based upon:

 

(a)The extent of the network design filed with the Department as specified in Section 3304.10, as to permits issued pursuant to Section 3300;

 

(b)The number, size, composition, and location of the personalized pavers that will occupy portions of the public sidewalk, as to permits issued under Section 3301 of this chapter; or

 

(c)The extent to which the Public Right-of-Way Occupancy Permittee's structure housing transmission facilities occupies the public right-of-way as shown in the plans filed with the Department as specified in Section 3303.2, as to permits issued pursuant to Section 3302 of this chapter.

 

3310.15The Public Right-of-Way Occupancy Permittee, as a condition of its Permit, agrees to hold harmless the District and the United States, and officers and employees of each of these governments, for any loss or damage to persons or property, arising out of or in any way related to Public Right-of-Way Occupancy Permittee's use of the public space, public rights-of-way, or public structure, or the discontinuance of any use.

 

3310.16In the event that a Right-of-Way Occupancy Permit expires or is suspended or revoked, the Director may require, at the expense of the Permittee, the immediate removal of any apparatus, structure, facility, installation, or device affixed, erected, or installed in public space, on a public right-of-way, or on a public structure, and the restoration of the public space, public right-of-way, or public structure to its condition prior to the issuance of the permit. If the Permittee does not comply with the requirements of this subsection, the Director may remove any of the Permittee's property and the cost of such removal shall be borne by the Permittee, including, but not limited to, the manner specified in § 24-1313.

 

authority

Sections 4(5)(A) (assigning authority to coordinate and manage public right-of-way permits and records to the Department Director), 5(4)(A) (assigning duty to review and approve public right-of-way permit requests to the Department Director), and 6(b) (transferring the public right-of-way maintenance function previously delegated to the Department of Public Works under Section III(F) of Reorganization Plan No. 4 of 1983 to the Department) of the Department of Transportation Establishment Act of 2002 (DDOT Establishment Act), effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.03(5)(A)(2012 Repl.), 50-921.04(4)(A)(2012 Repl. & 2013 Supp.), and 50-921.05(b)(2012 Repl.)), and Section 604 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 10-1141.04 (2013 Repl.)), which was delegated to the Director of the Department of Public Works pursuant to Mayor’s Order 96-175, dated December 9, 1996, and subsequently transferred to the Director of the Department in Section 7 of the DDOT Establishment Act of 2002 (transferring to the Director of the Department all transportation-related authority previously delegated to the Director of the Department of Public Works), effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.06 (2012 Repl.)).

source

Final Rulemaking published at 43 DCR 6581 (December 13, 1996); as amended by Final Rulemaking published at 47 DCR 2353 (March 31, 2000); as amended by Final Rulemaking published at 48 DCR 5375 (June 8, 2001); as amended by Final Rulemaking published at 49 DCR 8562 (September 13, 2002); as amended by Final Rulemaking published at 53 DCR 7857 (September 29, 2006); as amended by Final Rulemaking published at 61 DCR 1733 (February 28, 2014).