§ 113.079 USE OF STREETS.
   (A)   Underground installation. All installations shall be underground in those areas of the town where public utilities providing telephone and electric service are underground at the time of installation. In areas of the town where either telephone or electric utility facilities are above ground at the time of installation, grantee may install its service above ground, provided that at the time as those telephone or electric utility facilities are either required to be placed underground by the town or in fact are placed underground, the grantee shall likewise place its services underground without direct additional cost to the town or to the individual subscribers so served within the town. Where not otherwise required to be placed underground by this chapter or the franchise, the grantee’s system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request.
   (B)   Approvals. Prior to construction or alteration, grantee will obtain all required construction permits.
   (C)   Interference with persons, improvements, public and private property and utilities. The system shall be located, erected and maintained so that the facilities shall:
      (1)   Not endanger or interfere with the health, safety or lives or persons;
      (2)   Not interfere with any improvements the town or state may deem proper to make;
      (3)   Not interfere with the free and proper use of public ways except to the minimum extent possible during actual construction or repair;
      (4)   Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair; and
      (5)   Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities, easements, property rights or other utilities facilities’ easements located within the town.
   (D)   Restoration to prior condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the town, replace and restore all paving, sidewalk, driveway, landscaping or surface of any street or alley disturbed, consistent with the practices of local utilities. The restoration shall be undertaken within no more than 10 business days after the damage is incurred and shall be completed as soon as possible thereafter. The closing shall be at the expense of the grantee.
   (E)   Private property. Grantee shall be subject to all laws, ordinances or regulations regarding private property or regulations regarding private property in the course of constructing, installing, operating or maintaining the system. Grantee shall promptly repair or replace all private property, both real and personal, damaged or destroyed as a result of the construction, installation, operation or maintenance of the system at its sole cost and expense.
   (F)   Relocation of the facilities. In the event that at any time during the period of the franchise, the town or state shall lawfully elect to alter, or change, the grade of any street, alley or other public ways, the grantee, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own cost and expense.
   (G)   Cooperation with building movers. The grantee shall, on the request of any person holding a building moving permit issued by the town, temporarily raise or lower its wire to permit the moving of buildings. The expense of the temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require the payment in advance. The grantee shall be given not less than 15 working days advance notice to arrange for the temporary wire changes.
   (H)   Tree trimming. The grantee shall have the authority, except when in conflict with existing town ordinances, or other applicable law, to trim any trees upon and overhanging public right-of-way so as to prevent the branches of the trees from coming in contact with system facilities, except that at the option of the town, the trimming may be done by it, or under its supervision and direction, at the expense of the grantee.
   (I)   Easements. All necessary easements over and under private property shall be arranged for by the grantee.