§ 34-2004 — Access to public ways.

(a) Any telecommunications provider in the District shall have the right to utilize the public right-of-ways of the District for installation, maintenance, repair, replacement, and operation of its telecommunications system on terms and conditions that are competitively neutral; provided, that nothing in this chapter shall affect the authority of the District government to manage its public ways or to require fair and reasonable compensation from the telecommunications service providers, on a nondiscriminatory basis. Any compensation the District government may require pursuant to this subsection shall be in addition to all other payments, fees, or collections required by this chapter. The Mayor shall promulgate rules to carry out the purposes of this subsection.

(b) Prior to constructing each portion of its telecommunications system located within the public ways, a telecommunications service provider shall obtain all necessary construction permits and licenses from the appropriate agency. All such construction shall be performed in compliance with applicable codes and regulations, and all facilities so constructed shall be maintained in compliance with applicable codes and regulations.

(c) The Mayor shall issue rules to establish and regulate the process through which any alteration or damage to public rights of way in the District of Columbia shall be compensated by the telecommunications service provider whose construction or repair work has altered or damaged public rights of way. The rules shall require the telecommunications service provider to repair any alteration or damage pursuant to specifications and inspection by the District of Columbia Department of Public Works, or require that the telecommunications service provider compensate the District of Columbia for the cost of repair to a public right of way.

Legislative History

Sept. 9, 1996, D.C. Law 11-154, § 5, 43 DCR 3736