All facilities shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a franchise agreement:
(A) A franchisee shall install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists;
(B) A franchisee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available. The Town Engineer must review and approve the use of overhead facilities;
(C) Whenever any existing electric utilities, cable system or telecommunications facilities are located underground within a street of the Town, a franchisee with permission to occupy the same street must also locate its telecommunications facilities underground;
(D) Whenever any new or existing electric utilities, cable system or telecommunications facilities are located or relocated underground within a street of the Town, a franchisee that currently occupies the same street shall relocate its facilities underground within a reasonable period of time, which shall not be later than the end of the franchise term. Absent extraordinary circumstances or undue hardship as determined by the Town Engineer, such relocation shall be made concurrently to minimize the disruption of the streets;
(E) Whenever new telecommunications facilities will exhaust the capacity of a street or utility easement to reasonably accommodate future telecommunications carriers or facilities, the franchisee shall provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future telecommunications carriers.
(`83 Code, § 13-731) (Ord. 00-20, passed 9-11-00)