In those areas of the service area where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, the franchisee likewise shall construct, operate and maintain all of its transmission and distribution facilities underground; provided that the facilities are actually capable of receiving the franchisee’s cable and other equipment without technical degradation of the cable system’s signal quality. In those areas of the service area where the transmission or distribution facilities of the respective public utilities providing telephone communications, and electric services are both aerial and underground, the franchisee shall have the sole discretion to construct, operate and maintain all of its transmission and distribution facilities, or any part thereof, aerially or underground. Nothing contained in this section shall require the franchisee to construct, operate and maintain underground any ground-mounted appurtenances such as subscriber taps, line extenders, system passive devices (splitters, directional couplers), amplifiers, power supplies, pedestals or other related equipment. Notwithstanding anything to the contrary contained in this section, in the event that all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are placed underground after the effective date of this franchise, the franchisee shall only be required to construct, operate and maintain all of its transmission and distribution facilities underground if it is given reasonable notice in advance of the time that they are placed underground.
(Prior Code, § 36-2-2-23) (Ord. 04-61, passed 2-2-2004, 2004 COM REC 61–71)