14.32.095: EXCESS CAPACITY:
Each competitive utility provider applicant shall, as a condition of the permit: a) demonstrate to the City that the facilities proposed to be installed are reasonably anticipated to provide sufficient capacity to satisfy the needs of such applicant for a minimum of five (5) years following installation, and b) install additional facilities designed to provide double the capacity indicated in item a in this section, or such lesser or greater additional capacity as shall reasonably be required by the City Engineer. By way of example, and without limiting the generality of the foregoing, an applicant proposing to install one "quad" conduit shall install two (2) quad conduit. Such excess capacity shall be owned by the applicant, but shall be leased or otherwise made available to other users pursuant to the City's public way ordinance. The City Engineer may waive this requirement if, in the judgment of the City Engineer, the requirement will have the effect of precluding a less intrusive alternative. For example, a user proposing to bore under the public way may be relieved of this requirement if a surface cut would be required to install excess capacity. (Ord. 70-99 § 1, 1999)