§ 115.43 USL OF RIGHTS-OF-WAY; CONDITIONS OF ACCESS.
   (A)   (1)   A franchisee must utilize, with the owner's permission, existing poles, conduits or such other facilities whenever possible.
      (2)   All poles, conduits and other such facilities shall be made available to franchisees for leasing or licensing to the extent practicable upon reasonable and non-discriminatory terms, conditions and rates.
      (3)   Copies of agreements for use of poles, conduits or other such facilities must be filed with the city.
   (B)   All transmission lines, equipment and structures must be installed and located to cause minimum interference with the rights and reasonable convenience of property owners. The city may from time-to-time issue such reasonable, and nondiscriminatory rules and regulations concerning the installation and maintenance of the cable system installed in the public rights-of-way as may be consistent with this chapter and the franchise agreement.
   (C)   Suitable safety devices and practices as required by local, city, state and federal laws, ordinances, regulations and permits must be used during construction, maintenance and repair of a cable system; provided, however, the adoption of any local ordinance, regulation or permit system under this provision shall not have a discriminatory effect with regard to one franchisee compared to another.
   (D)   Upon 60 days prior notice by city to a franchisee, a franchisee must remove, replace or modify, at its own expense, the installation of any of its facilities within any public right-of-way when required to do so by the city to allow it to change, maintain, repair or improve a public thoroughfare.
   (E)   On streets and roads where electrical and telephone utility wiring are located underground, at the time of initial construction, the cable must also be located underground at the franchisee's expense. Between a street or road and a subscriber's residence, the cable must be located underground if the electrical and telephone utility wiring are located underground if either electrical or telephone utility wiring is aerial, a franchisee may install aerial cable except where a property owner or resident requests underground installation and agrees to bear the additional cost over aerial installation, and to pay such additional cost in advance.
   (F)   A franchisee must obtain any required permits before causing any damage or disturbance to public thoroughfares or private property as a result of its construction or operations and must to the extent practicable restore to their former condition such private property and public thoroughfares.
   (G)   A franchisee may cut or trim trees and vegetation interfering with fiber, wires and cables consistent with the National Electrical Safety Code and other clearance requirements within the public right-of-way.
   (H)   At the request of any person holding a valid building moving permit, the franchisee must temporarily raise, lower or cut its wires as necessary to facilitate such move upon not less than 30 days advance notice. The direct expense of the temporary changes, including standby time, must be paid by the permit holder and the franchisee may require payment in advance.
   (I)   In addition to the provisions of § 115.15, no person who owns or controls any residential multiple dwelling unit, trailer park, condominium or apartment complex, or subdivision shall discriminate among cable television franchisees in providing them access to lawful residents or tenants of the MDUs, parks, complexes or subdivisions.
(1989 Code, § 115.43) (Ord. 1988, passed 11-9-1992)