(A) Location of facilities. All facilities located within the public right-of-way shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a franchise agreement:
(1) Whenever all existing electric utilities, cable facilities or telecommunications facilities are located underground within a public right-of-way of the city, a grantee with permission to occupy the same public right-of-way must also locate its telecommunications facilities underground; and
(2) Whenever all new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public right-of-way of the city, a grantee that currently occupies the same public right-of-way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public right-of-way, absent extraordinary circumstances or undue hardship as determined by the city and consistent with applicable state and federal law.
(B) Interference with the public rights-of-way. No grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public rights-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public rights-of-way. All use of public rights-of-way shall be consistent with city codes, ordinances and regulations.
(C) Relocation or removal of facilities. Except in the case of an emergency, within 90 days following written notice from the city, a grantee shall, at no expense to grantor, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public rights-of-way whenever the city shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
(1) The construction, repairs, maintenance or installation of any city or other public improvement in or upon the public rights-of-way;
(2) The operations of the city or other governmental entity in or upon the public rights-of-way; and/or
(3) The public interest.
(D) Removal of unauthorized facilities. Within 30 days following written notice from the city, any grantee, telecommunications carrier or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public rights-of-way of the city shall, at its own expense, remove such facilities or appurtenances from the public rights-of-way of the city. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:
(1) One year after the expiration or termination of the grantee’s telecommunications franchise;
(2) Upon abandonment of a facility within the public rights-of-way of the city. A facility will be considered “abandoned” when it is deactivated, out of service or not used for its intended and authorized purpose for a period of 90 days or longer. A facility will not be considered abandoned if it is temporarily out of service during performance of repairs or if the facility is being replaced;
(3) If the system or facility was constructed or installed without the appropriate prior authority at the time of installation; or
(4) If the system or facility was constructed or installed at a location not permitted by the grantee’s telecommunications franchise or other legally sufficient permit.
(E) Coordination of construction activities. All grantees are required to make a good faith effort to cooperate with the city.
(1) By January 1 of each year, grantees shall provide the city with a schedule of their proposed construction activities in, around or that may affect the public rights-of-way.
(2) If requested by the city, each grantee shall meet with the city annually or as determined by the city, to schedule and coordinate construction in the public rights-of-way. At that time, city will provide available information on plans for local, state and/or federal construction projects.
(3) All construction locations, activities and schedules shall be coordinated, as ordered by the City Engineer or his or her designee, to minimize public inconvenience, disruption or damages.
(Prior Code, § 3.25.040) (Ord. 258, passed 2-1-1999)