(a) In addition to the other requirements set forth in this Chapter and set forth specifically in the Permit granted, each Public Utility Permittee, each Telecommunications Permittee and each Special Permittee shall:
(1) Use its Best Efforts to cooperate with other Franchisees, Permittees and with the City for the best, most efficient, least offensive (with respect to aesthetics) and least obtrusive use of right-of-way, consistent with safety, and to minimize traffic disruptions and hazards, street cuts and other disruptions to use of the right-of-way;
(2) Participate in joint planning and advance notification of right-of-way work, excepting such work performed in emergencies;
(3) Cooperate with other non-Residential Permittees and Franchisees in utilization of, construction in and occupancy of private rights of way only to the extent the same is not inconsistent with the grant thereof or with applicable law;
(4) In the event the Service Director determines that a Permittee must remove or rearrange the Permittee's facilities as necessary so as not to interfere with higher priority uses, as established in Subsection 902.01(d)(6) [by way of example and not by way of limitation, the operation, construction, repair or modification of any street, sidewalk, City water or sewer utility infrastructure or other governmental uses], or if additional or subsequent City or other public uses of right-of-way are inconsistent or incompatible with then current uses of Permittees or for any other reasonable cause, the Service Director shall so advise the Permittee in writing and invite the Permittee to comment on the Service Director's determination within five (5) days of such notification. Upon the written direction of the Service Director served on the Permittee, and at no cost to the City, the Permittee shall promptly remove or rearrange the Permittee's facilities as necessary so as not to interfere with higher priority uses, as established in Subsection 902.01(d)(6), or if additional or subsequent City or other public uses of right-of-way are inconsistent or incompatible with then current uses of Permittees or for any other reasonable cause as determined by the Service Director.
(5) Provide maps and other information in such form and at such times as the Service Director may require. It shall not be unreasonable for the Service Director to require a Permittee to provide maps and other information which has been previously prepared by or for the Permittee, or the Permittee's predecessor, and which is in the possession of or subject to the control of the Permittee. Said maps and information shall locate, describe and identify all structures and facilities of such Permittee in, over and/or under the right-of-way;
(6) Perform all work, construction, maintenance or removal of structures and facilities within the right-of-way in accordance with recognized good engineering and construction practices, with accepted industry standards, with all applicable laws, regulations and safety codes [including, but not limited to the National Electrical Safety Code published by the National Bureau of Standards and the National Electrical Code published by the National Fire Protection Association] and in accordance with Best Efforts to repair and replace any street, curb or other portion of the right-of-way, or of facilities or structures located therein to a condition materially equivalent to its condition prior to such work, and to do so in a manner which minimizes inconvenience to the public, the City and other Permittees; all in accordance with this Chapter and with all applicable Regulations;
(7) Register with all appropriate underground reporting services and, upon being informed by an authorized representative of the City that there is an emergency need to have a qualified representative of the Permittee at a site to locate underground facilities, have a qualified representative at the identified emergency need site within two hours after the City's representative informs the Permittee of the emergency need; and
(8) Unless otherwise set forth in its Permit, no Permittee shall enter into any leases or other arrangements for use of physical space in or on Permittee's facilities located within the right-of-way without prior notification to the City, such notice to include an accurate description of the use(s) to be made of the facilities. Upon the City's request, the Permittee shall make the document(s) used to memorialize such leases and other arrangements available for inspection by the City's personnel at the office of the Permittee nearest Springfield, Ohio.
(b) Construction and Technical Standards.
(1) Upon grant of the Permit and in order to construct, operate and maintain a public utility or a telecommunications system to serve the public in the City, the Permittee may enter into contracts with any public utility companies or any other owner or lessee of any poles or underground areas located within or without the City; obtain right-of-way permits from appropriate City, State, County and Federal officials necessary to cross or otherwise use highways or roads under their respective jurisdictions; obtain permission from the Federal Aviation Administration to erect and maintain antennas; and obtain whatever other permits a municipal, County, State or Federal agency may require.
(2) In those areas of the City where telephone and electric services are provided by underground facilities, all new facilities shall be placed underground. In all other areas the Permittee, upon written request of the City served upon the Permittee, shall use its Best Efforts to place its facilities underground. However, the term facilities as used in the preceding sentence shall not include equipment which is customarily placed on or above the ground in conjunction with underground transmission facilities (e.g. splice and terminal pedestals, equipment cabinets and transformers). Where not otherwise required to be placed underground by this Chapter, the Permittee's system shall be located underground at the request of the adjacent property owner; provided, the placement of such system shall be consistent with the Permittee's construction and operating standards and provided that the excess cost over the above grade location shall be borne by the property owner making the request. All cable to be installed under the roadway shall be installed in conduit. In no circumstance shall a new pole or poles be located in any right-of-way of the City where such pole or poles are not replacing an existing pole or poles; without first obtaining the written approval of the Service Director.
(3) The Permittee shall construct, install, operate and maintain its system in a manner consistent with all applicable laws as well as with such published standards as are recommended by the Federal Communications Commission, whether or not those published standards have the force of law; unless the Permittee demonstrates to the satisfaction of the Service Director that such published, recommended standard is impractical and will not contribute to the public health, safety or welfare.
(4) The Permittee shall comply with the City's permitting process prior to commencing any work in the right-of-way, except for emergencies and otherwise as provided in this Chapter. No work in the right-of-way shall be commenced until such time as any and all required permits have been issued by the City.
(5) Each contractor employed by a Permittee for the construction, installation, operation, maintenance, and repair of system equipment shall be properly licensed. The Permittee's facilities shall be so located as to cause minimum interference with the proper use of right-of-way by the traveling public and shall be so located so as not to cause a public nuisance.
(6) The City does not guarantee the accuracy of the City's maps showing the horizontal or vertical location of existing substructures in the right-of-way. When a Permittee discovers a substructure not properly located on the City's map of the relevant area, the Permittee shall immediately notify the Service Director and cooperate with the Service Director's efforts to correct and revise the City's map.
(7) Construction, installation, operation, and maintenance of the Permittee's facilities located in the right-of-way shall be performed in a safe, orderly and workmanlike manner, in accordance with recognized good engineering and construction practices, with accepted industry standards, with all applicable laws, regulations and safety codes (including, but not limited to the National Electrical Safety Code published by the National Bureau of Standards and the National Electrical Code published by the National Fire Protection Association) and in accordance with the Permittee's then current maintenance practices. When consistent with the standards specified in Subsections 902.06(a)(6) and (b)(3), all new or replacement linear or strand-like facilities (by way of example and not by way of limitation, cables, optic fibers and wires) shall be installed, where possible, parallel with existing electric and telephone lines and new or replacement multiple linear or strand-like facility configurations shall be arranged parallel and bundled.
(8) The Permittee shall at all times operate its facilities located within the City so as to comply with recognized good engineering practices, with accepted industry standards and with all applicable laws, regulations and safety codes (including, but not limited to the National Electrical Safety Code published by the National Bureau of Standards and the National Electrical Code published by the National Fire Protection Association).
(9) In any event, the Permittee's facilities shall not endanger or interfere with the safety of persons or property in the Permit area or other areas where the Permittee may have facilities located.
(c) Right-of-Way Work Permit Required. All Permittees shall obtain a right-of-way Work Permit from the Service Director prior to the beginning of any work in the right-of-way; however, prior City approval shall not be required for emergency repairs or for routine maintenance which does not require excavation in the public right-of-way or complete blockage of traffic using the right-of-way or entry on to Public Property other than right-of-way. The term "routine maintenance" as used in this subdivision means:
(1) inspection of facilities,
(2) groundline treatment of poles,
(3) switching,
(4) repairing damaged or failed equipment,
(5) installing new service extensions
(6) tree trimming, and
(7) relamping of street lights,
(8) cathodic protection maintenance,
(9) resetting a pole in the general area of its original location.
The Permittee and its contractors shall restore the right-of-way and Public Property, when disturbed by the Permittee or its contractor, as required by the Service Director. A Permittee shall be liable to the City for any and all damage done by its contractors to the right-of-way or to Public Property or to sewer laterals located within the right-of-way. Such right-of-way Work Permit shall be issued in writing and shall contain such conditions that may be required by the Service Director for the protection of the public health, safety, welfare and preservation of Public Property and right-of-way and to accomplish the City's policy objectives as set forth in this Chapter. The Permittee, and its contractors shall endeavor to complete, in a timely manner, restoration of the right-of-way and Public Property and all workmanship and materials used by the Permittee and its contractors for such restoration shall be subject to the inspection and approval of the Service Director and shall be warranted for a period of one (1) year from the date of completion for any failure due to workmanship or quality of materials.