(A) The rights-of-way have a finite capacity for containing facilities. Therefore, whenever the town determines it is impracticable to permit construction of an underground conduit system by any other entity which may at the time have authority to construct or maintain conduits or ducts in the rights-of- way, but excluding entities providing services in competition with the permittee, and unless otherwise prohibited by federal or state law or regulations, the town may require the permittee to afford to such entity the right to use the permittee’s surplus ducts or conduits in common with the permittee, pursuant to the terms and conditions of an agreement for use of surplus ducts or conduits entered into by the permittee and the other entity. Nothing herein shall require the permittee to enter into an agreement with such entity if, in the permittee’s reasonable determination, such an agreement could compromise the integrity of the permittee’s facilities.
(B) All facilities shall meet any applicable local, state and federal clearance and other safety requirements, be adequately grounded and anchored and meet the provisions of contracts executed between the permittee and the other common user. The permittee may, at its option, correct any attachment deficiencies and charge the common user for its costs. Each common user shall pay the permittee for any fines, fees, damages or other costs the common user’s attachments cause the permittee to incur.
(Prior Code, § 165.14.5) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)