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1.1.2: If CTP Applicant asserts legal authority other than or in addition to Chapter 283 that
may allow placement of facilities and use of the public rights-of-way, describe in detail that
governmental authority, statutory authority, or other legal authority that granted the CTP Applicant
the privilege to use the public rights-of-way for placement of its facilities. Designate this as “Exhibit
1.02.2, Permission to use ROW other than Chapter 283”.
1.2 : Representations on submitting the Chapter 283 ROW Form Application: (Section must be
initialed to constitute a completed application, if inapplicable, add to the initials “N/A” and explain
why N/A in separate answer attached to the application.)
1.3 The CTP Applicant agrees and understands that: (All section must be initialed to constitute a
completed Chapter 283 ROW Form.)
1.3.1. (Initial indicating agreement) Chapter 283 municipal right-of-way access line fee
compensation methodology applies equally to a CTP that owns facilities or provides facilities or capacity to
another CTP in the rights-of-way of municipalities as is the “underlying CTP, and to the CTP to whom an
underlying CTP has resold, leased, or is using another CTPs’ facilities or is otherwise provided access lines
that extend to the end-use customer's premises, as the “reseller CTP”, as required by PUC Rules.
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1.3.2 _______ (Initial indicating agreement) That the CTP Applicant’s current billing system is in a format
to strictly comply with PUC rules that require the CTP billing system to "be sufficient to substantiate
compliance with the access line reporting requirements..." and requires CTP records to be maintained “in a
manner which allows for easy identification and review”.
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1.3.3 ______ (Initial indicating agreement) That the CTP Applicant has, or will prior to the issuance of a
permit(s), establish a Municipal Access Line Reporting System (MARS) account on the PUC website, as
required by PUC Rules.
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1.3.4. _______ (Initial indicating agreement) That the CTP Applicant will file quarterly access line reports,
whether they have access lines or not, as required by PUC Rules.
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1.3.5. ________ (Initial indicating agreement) That the CTP Applicant will provide “adequate proof”
documents to the City as to the CTP that is reporting and paying its access line fees if the CTP Applicant is
not filing reports or paying access line fees directly, as required by PUC Rules.
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__________________________
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Chapter 283, § 283.051 (a) [all CTPs required to pay access line fees], 283.055 (i), and (k) underlying CTPs need not report or pay if reseller CTPs furnished
“adequate proof” they would report and pay.
P.U.C. Subst. R. 26.467 (k) (4) “Adequate proof of reporting and compensation responsibilities.” “(A) Definition of ‘underlying CTP’ and ‘reselling CTP.’ (i)
An underlying CTP is a CTP that owns facilities or provides facilities or capacity to another CTP in the rights-of-way of municipalities. (ii) A reselling CTP is a
CTP to whom an underlying CTP resold, leased or otherwise provided access lines that extend to the end-use customer's premises.”
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P.U.C. Subst. R. §26.467(k) (2) requires that the CTP billing system "must be sufficient to substantiate compliance with the access line reporting
requirements..." and P.U.C. Subst. R. §26.465(i) requires CTP records are to be maintained “in a manner which allows for easy identification and review”.
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P.U.C. SUBST. R. §26.468.
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P.U.C. SUBST. R. §§26.467 (k) (3) and 26.468 (d) for filed quarterly reports, even if no access lines.
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A CTP, whether reselling or underlying, have an obligation pursuant to P.U.C. SUBST. R. §26.467(k) (4) and P.U.C. SUBST. R. § 26.467 (l) to obtain or
provide adequate proof in the form of a written agreement that specifically cites, and assigns responsibility for compliance, i.e., the reporting and compensation
requirements, with Chapter 283.