Skip to code content (skip section selection)
Compare to:
Albuquerque Overview
Albuquerque Code of Ordinances
Charter of the City of Albuquerque
Administrative Instructions
Albuquerque Table of Resolutions
Albuquerque Code of Resolutions
Integrated Development Code
Personnel Rules and Regulations
§ 5-10-8 REMOVAL, RELOCATION OR MODIFICATION OF SMALL WIRELESS FACILITY IN THE ROW.
   (A)   Notice. Within 90 days following written notice from the city, wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the rights-of- way whenever the city has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the rights-of-way.
   (B)   Emergency Removal or Relocation of Facilities. The city retains the right and privilege to cut or move any small wireless facility located within the rights-of-way of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the city shall notify the wireless provider and provide the wireless provider an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the wireless provider after cutting or removing a small wireless facility.
   (C)   Abandonment of Facilities. Upon abandonment of a small wireless facility within the rights-of-way of the city, the wireless provider shall notify the city of its intention to discontinue use of a small wireless facility or utility pole. The notice shall inform the authority of the time and the way in which the small wireless facility or utility will be removed. The wireless provider is responsible for the costs of the removal. The authority may require the wireless provider to return the property to its pre-installation condition. If the wireless provider does not complete the removal within 45 days after notice, the authority may complete the removal and assess the costs of removal against the wireless provider.
   (D)   Damage and Repair. The city may require a wireless provider to repair all damage to the rights-of-way caused by the activities of the wireless provider and return the rights-of-way to its pre-damage condition according to the city's requirements and specifications. If the wireless provider fails to make the repairs within a reasonable period after written notice, the city may affect those repairs and charge the applicable party the reasonable, documented cost of such repairs.