(A) All wires, conduits, cable (coaxial, fiber, or functional equivalent), and other property and facilities of an MCS provider shall be so located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and travel upon the streets, rights-of-way, easements, and public ways of the city.
(B) In the event an MCS provider's system creates a hazardous or unsafe condition or an unreasonable interference with property, then at its own expense such MCS provider shall voluntarily, or upon the request of the Council/franchising authority remove that part of the system that creates the hazardous condition from the subject property.
(C) An MCS provider shall not place equipment where it will interfere with the rights of property owners or with gas, electric or telephone fixtures, or with water hydrants or mains, or with wastewater lift stations, or any other service or facility that benefits the city's or its residents' health, safety, or welfare.
(D) An MCS provider, at either its own expense or that of a private contractor, shall protect, rights of and easements, and support or temporarily disconnect or relocate in the same street or other public way, any property of such MCS provider when necessitated by reason of:
(1) Traffic conditions;
(2) Public safety;
(3) A street closing;
(4) Street construction or re-surfacing;
(5) Change or establishment of street grade;
(6) Installation of sewers, drains, water pipes, storm drains, lift stations, force mains, power or signal lines; or
(7) An improvement, construction or repair related to the city's or its residents' health, safety, or welfare.
(E) Upon 24 hours verbal or written notice, it shall be the responsibility of an MCS provider (acting alone or in conjunction with another person) to locate and mark or otherwise visibly indicate and alert others to the location of its underground cable (coaxial, fiber or functional equivalent) before employees, agents, or independent contractors of any entity install cable, power or utility lines in the marked-off area.
(F) An MCS provider shall, on the request of any person holding a building moving permit, temporarily remove, raise or lower the cable wires to allow the moving of the building. The expense of temporary removal shall be paid by the person requesting it, and such MCS provider may require payment in advance. The affected MCS provider shall be given not less than 10 days notice of a contemplated move to arrange for temporary wire changes.
(G) For any new installations occurring after the effective date of this chapter, and at the time that an MCS provider rebuilds or upgrades the multi-channel system, all trunk or feeder cable (coaxial, fiber or functional equivalent) shall be placed underground when and if utilities are placed underground. Further, where both power and utilities are presently underground, multi-channel system cable shall also be placed underground.
(H) It shall be the responsibility of any MCS provider to comply with the most current FCC technical standards.
(Ord. 4-1994-20, passed 4-12-94) Penalty, see § 112.999