(a) Where utility poles, underground conduits or ducts or other wire-holding structures or facilities already exist and are reasonably available for use by the grantee, grantee shall use such poles, conduits, ducts, structures or facilities to install its cable, wires, and equipment. Where such poles, conduits, ducts, structures, or facilities are not reasonably available, the grantee shall have the right to construct, install, erect and maintain its own poles, conduits, ducts, structures or facilities at locations as it may find necessary for the proper construction, operation or maintenance thereof. Such poles, conduits, ducts, structures or facilities shall be identified and set out in the drawings submitted with grantee's application and City approval of the grantee's application shall constitute its approval of the construction, installation and erection of those identified poles, conduits, ducts, structures and facilities. Grantee shall comply with such conditions as the City may impose in approving the application and granting any final authorization to so construct, install, locate and erect the poles, conduits, ducts, structures or facilities.
(b) Grantee shall make available to other attaching parties any usable space on its poles or in its underground structures on the same terms and conditions as other grantees make space available on their poles or in their underground structures. Where the City or a public utility serving the City desires to make use of the conduits, ducts, poles or other wire- holding structures of the grantee, but agreement therefor cannot be reached, if the City determines that the use would enhance the public safety or convenience and would not unduly interfere with the grantee's operations, the City may require the grantee to permit such use on the same terms and conditions as other grantees make space available in their conduits or ducts or on their poles or structures.
(Ord. 2008-32. Passed 10-15-08.)