A. The cable system shall be constructed, installed, and maintained in accordance with standard good engineering practices and shall conform when applicable with the National Electrical Safety Code and the Federal Communications Commission rules and regulations, as they apply.
B. A licensee shall utilize, with the owner's permission, existing poles, conduits or such other facilities whenever possible. Underground street, sidewalk and driveway crossings not using existing conduits shall be bored unless specific county approval is received. Copies of agreements for use of poles, conduits or other facilities shall be filed with the county upon county request. A licensee may install its own poles only when approved by the county and then subject to whatever reasonable terms and conditions the county requires in the county right-of-way use permit.
C. All transmission lines, equipment and structures shall be installed and located to cause minimum interference with the rights and reasonable convenience of the public and property owners. The county may from time-to-time adopt such reasonable 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 state and federal law. In the absence of such rules and regulations, the Pima County/City of Tucson Standard Specifications for Public Improvements apply.
D. Suitable safety devices and practices as required by county, state and federal laws, ordinances, regulations and permits shall be used during construction, maintenance and repair of a cable system.
E. A licensee shall 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 county to allow the county to change, maintain, repair, improve or eliminate a public right-of-way. Nothing in this section shall prevent licensee from seeking and obtaining reimbursement from sources other than the county.
F. On streets and roads where electrical and telephone utility wiring are located underground, either at the time of initial construction or subsequently, the cable shall also be located underground at the licensee's expense. Between a street or road and a subscriber's residence, the cable shall be located underground. If both electrical and telephone utility wiring are aerial, a licensee may install aerial cable except where a property owner or resident requests underground installation and agrees to bear the additional cost over aerial installation.
G. A licensee shall obtain any required permits before doing any excavation or causing disturbance to public rights-of-way or private property as a result of its construction or operations and shall restore to their former condition such private property and public rights-of-way, the latter in a manner consistent with all applicable rules, regulations, resolutions or other county requirements relative to construction, repair or maintenance of facilities in the public right-of-way. If such restoration is not satisfactorily performed within a reasonable time, the county may, after prior notice to the licensee, cause the repairs to be made at the expense of the licensee. The county may inspect on-going construction and require a licensee to halt construction where it finds the construction to create a public hazard or to be in noncompliance with the requirements of this chapter, the license agreement, the permit, or other laws.
H. Simultaneously with the filing of construction plans with the county for a permit or otherwise, a licensee shall file a copy of the plans with all public utilities in the construction area as determined by the Blue Stake Center or separately to the Blue Stake Center.
I. Prior to the commencement of construction, a licensee shall have complied with the following requirements:
1. Have received a permit from the county for construction on public property or rights-of-way;
2. Have received clearance from utilities in the area of construction; and
3. Where construction will be on private property or in public rights-of-way adjoining private property, have provided no less than seven days prior written notice by mail or hand delivery to all such property occupants. The notice shall identify the name and the address of the licensee and provide a local or toll-free telephone number that the affected person may call for more information or to lodge a complaint.
J. A licensee may trim trees within public rights-of-way at its own expense as necessary to protect its wires and facilities, subject to approval by the county and any direction that may be provided by the county. Trees on private property may be trimmed only with the consent of the property owner.
K. At the request of any person holding a valid building moving permit and upon sufficient notice, the licensee shall temporarily raise, lower or cut its wires as necessary to facilitate such move upon not less than seventy-two hours advance notice. The direct expense of such temporary changes, including standby time, shall be paid by the permit holder and the licensee may require payment in advance.
(Ord 1997-17 § 2, 1997; Prior code § 19.08.010(B)(2))