§ 123.153 CITY’S CONTROL OVER USE OF RIGHTS-OF-WAY.
   The city has the responsibility to manage and control use of the rights-of-way or utility easements within the city’s jurisdictional boundaries, and has the authority to administer and enforce right-of-way construction standards for a grantee’s cable system on a nondiscriminatory basis, including the authority to collect fees, review plans and enforce the provisions of a franchise, and may utilize the assistance of qualified independent third parties.
   (a)   The city has the right to inspect all construction or installation work performed subject to the provisions of this chapter and a franchise and applicable ordinances of the city to make those tests as it shall find necessary to ensure compliance with this chapter and a franchise at its own expense. Provided, however, a representative of a grantee may be present for all testing, which shall occur at a time of minimum inconvenience to subscribers (generally between the hours of midnight and 6:00 a.m.)
   (b)   The grantee agrees to comply with all provisions of §§ 96.235 through 96.243 of this Code.
   (c)   Nothing in this chapter, or a franchise granted pursuant to it, gives permission to use the poles, conduit or other facilities of the city or others. A separate agreement for the use or connection shall be the responsibility of grantee.
(1992 Code, § 44-38) (Ord. 104-09, passed 11-16-2009)