The City of El Paso regulates telecommunication facilities in the ROW in Chapter 15.10 of the Municipal Code and provides additional information on the application process, fees, insurance, and more.
Application Process
Before submitting an application, the Network Provider must submit all required documentation, such as:
- Insurance and bonds.
- Master License Agreement, if collocating on a municipally-owned pole. This agreement will be executed two weeks after the provider's signature is provided.
Application Steps:
- Application Submittal — Submit through the Citizen Access Portal. Non-refundable application fee is due at the time of application submittal. For collocation purposes, MLA must be executed as a precondition of application submittal.
- Completeness Check — The City must review applications for completeness and notify the applicant of its determination within; 10 days for a transport facility; and 30 days for a network node or new node support pole.
- Review Period — The City must approve/deny the permit within the following number of days, counted from when the City receives a complete application:
- 21 days for a Transport Facility Permit
- 60 days for a Network Node Permit
- 150 days for a Node Support Pole Permit - Small Cell Permit Insurance — Additional permits may be required after issuance.
- Monthly pro-rated payment of the annual rental rate is due prior to permit issuance
- Provider is billed every January 1 thereafter
- Permits expire 6 months after permit issuance if installation has not begun by that date
- Inspections will be required during and after installation - Annual Period Rate Fees — Network Nodes, Transport Facilities, and Collocation of Network Nodes on Municipal-Owned Service Poles will be subject to annual rental fees to the City. Provider is billed every January 1.
Insurance
General Liability Insurance in the amount of $6,000,000 must be provided with the application. This amount breaks down to $1,000,000 plus a $5,000,000 umbrella.
- The coverage must be on an “occurrence” basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion, and collapse hazards.
- Each policy must include a cancellation provision in which the insurance company is required to notify the City in writing not fewer than thirty (30) days before canceling, failing to renew, or reducing policy limits.
- The Provider shall file with the City the required original Certificate of Insurance prior to any commencement of work. The Certificate shall state the policy number; name of the insurance company; name and address of the agent or authorized representative of the insurance company; name, address, and telephone number of the insured; policy expiration date; and specific coverage amounts
- Proof of insurance must be provided prior to the effective date of any Permit issuance.
- The City must be named as additional insured on such certificate. If ownership changes, the City must be notified.
- All insurance must be current and up-to-date throughout the life of the permit.
Additional information can be found in Article XIII of Chapter 15.10 and Section 15.08.130(D) of the Municipal Code.