(A) All facilities located within the public way shall be constructed, installed, and located in accordance with the following terms and conditions, unless otherwise specified in a franchise agreement:
(1) Wherever existing electric utilities, cable facilities, and telecommunication facilities are located underground within a public way of the city, a grantee with permission to occupy the same public ground must also locate its telecommunications facilities underground; and
(2) Wherever all new or existing electric utilities, cable facilities, or telecommunications facilities are located or relocated underground within a public way of the city, a grantee that currently occupies the same public way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public way, absent extraordinary circumstance or undue hardship, as determined by the City Recorder, and consistent with the applicable state and federal law.
(B) (1) The City Recorder may require permittees to coordinate construction schedules and to co-locate facilities in the public way where the coordination or co-location requirements do not unreasonably interfere with any of the permittee’s operations.
(2) The City Recorder may require a co-locating permittee to provide reasonable compensation to another permittee whose facilities it shares, if necessary or appropriate to prevent unjust enrichment of the co-locating permittee.
(Ord. 2021-01, passed 3-10-2021)