1036.04 WAIVERS.
   Within the underground areas and underground areas outside of public alley rights-of-way, public utilities, cable operators, and operators are prohibited from installing structures and facilities in the rights-of-way. Public utilities, cable operators, and operators may seek a waiver of this prohibition for the placement of new structures or facilities if the public utility, cable operator or operator is unable to achieve its service objective using a small cell facility under the following circumstances:
   (a)   From a location in the public way where the prohibition does not apply;
   (b)   In a utility easement the operator has the right to access; or
   (c)   In or on other suitable locations or structures made available by the municipal corporation at reasonable rates, fees, and terms.
(Ord. 6726. Passed 5-1-18.)