(a) Location of Facilities. All Facilities shall be Constructed, Reconstructed, installed and located under the following guidelines and requirements:
(1) Facilities should be installed within an existing compatible underground duct or conduit whenever Excess Capacity exists within the Facility;
(2) A Service Provider registered to install Overhead Facilities should install its Facilities on pole attachments to existing utility poles if Surplus Overhead Space is available;
(3) A Service Provider registered to install Underground Facilities should install its Facilities in space the Service Provider currently occupies or in Surplus Underground Space if available;
(4) Except for Overhead Facilities as provided in this section, no AGF or AGF Clusters shall be located above ground in a Public Right-of-Way without a AGF Installation Permit issued under Section 510.06.
(b) Excess Capacity. To reduce Excavation in the Public Right-of-Way, it is the City’s goal to encourage Service Providers to share occupancy of underground conduit as well as to construct, whenever possible, excess conduit capacity for occupancy of future Facilities in the Public Right-of-Way. Therefore, if a Service Provider is constructing underground conduit in the Public Right-of-Way for its own Facilities, and the City reasonably determines the construction is in an area in which other Service Providers would likely construct Facilities in the future, the City may require, to the extent permitted by law, the Service Provider to construct the conduit in the Public Right-of-Way with Excess Capacity in the Public Right-of-Way, provided the Service Provider shall be reimbursed for the use of the Excess Capacity by another Service Provider. The Service Provider may charge a reasonable market lease rate for occupancy of the additional conduit space as reimbursement. Division (b) of this section shall not apply where no practical operational, engineering or safety standards will support the need for Excess Capacity.
(c) City Owned Conduit. If the City owns or leases conduit in the path of a Service Provider’s proposed Facilities, the City determines that there is Excess Capacity in the conduit, and provided it is technologically feasible for the Service Provider’s Facilities to Occupy the conduit owned or leased by the City, the Service Provider may be required, to the extent permitted by law to Occupy the conduit owned or leased by the City in order to reduce the necessity to Excavate the Public Right-of-Way. If required, the Service Provider shall pay to the City a fee for Occupancy which shall be a reasonable market lease rate for occupancy of the conduit. The City and the Service Provider may agree to amortize the fee through annual payments to the City.
(d) Relocation or Removal of Facilities. Within thirty (30) days following written notice from the City and in accordance with law, a Service Provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Facilities in the Public Right-of-Way whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
(1) The Construction, Reconstruction, repair, maintenance or installation of any City public improvement in or on the Public Right-of-Way; or
(2) The operations of the City or other governmental entity in or on the Public Right-of-Way.
(e) Removal of Unauthorized Facilities. Within thirty (30) days following written notice from the City, and to the extent permitted by law any Service Provider or other Person that owns, controls or maintains any unregistered System, Facility or related appurtenances in the Public Right-of-Way shall, at its own expense, remove those Facilities or appurtenances from the Public Right-of-Way of the City or shall arrange to sell the System, Facilities or appurtenances to the City. After the thirty (30) days have expired, the City may remove the Facilities or appurtenances from the Public Right-of-Way at the other party’s expense. A System or Facility is unauthorized and subject to removal in any of the following circumstances:
(1) If the System or Facility was Constructed, Reconstructed, installed, operated, located or maintained without registering, except as otherwise provided by this chapter;
(2) On abandonment of a Facility in the Public Right-of-Way of the City, with the exception of underground facilities abandoned in a manner authorized and approved by the City;
(3) If the System or Facility was Constructed, Reconstructed, installed, operated, located or maintained, or any Excavation of a Public Right-of- Way was performed, without prior issuance of a required permit from the City, except as otherwise provided by this chapter;
(4) If the System or Facility was Constructed, Reconstructed, installed, operated, located or maintained, or any Excavation of a Public Right-of- Way was performed, at a location not identified in the City’s registration to Occupy or Use the Public Right- of-Way; or
(5) If the Service Provider fails to comply with the Registration requirements of this chapter.
Division (e) of this section does not apply to the extent that abandonment of Facilities is governed by federal or State law.
(f) Emergency Removal or Relocation of Facilities. To the extent permitted by law, the City retains the right and privilege to cut or move any Facilities, or stop work on any Construction, Reconstruction, installation, operation or Excavation, located in the Public Right-of-Way of the City, as the City may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare; except to the extent that the City’s actions would cause a dangerous or potentially dangerous situation.
(Ord. No. 1242-A-07. Passed 10-8-07, eff. 10-11-07)