(a) Before commencing construction of its telecommunication system, the permittee shall submit detailed plans to the Department of Public Service for approval. Upon approval by the Department of Public Service and the acquisition of all other permits and approvals, permittee shall give Public Service at least ten (10) days written notice of the initiation of construction together with an initial construction schedule.
(b) Permittee's system shall be constructed and maintained in such manner as not to interfere with sewer and water lines of the City, visibility of traffic control devices or with any other pipes, lines, wires, conduits or other facilities that may have been placed in the City's public places. All excavations made by the permittee shall be properly safeguarded for the prevention of accidents.
(c) In the event permittee's facilities will be placed in a conduit, duct-bank or on a pole owned by another permittee, permittee shall present a copy of an agreement or license authorizing such use to Public Service with the written notice.
(d) If Permittee excavates or otherwise disturbs the surface of any street or public way, permittee shall be responsible for maintenance of the area affected by the excavation and shall promptly restore the street or public way in accordance with the City's standard construction regulations including, but not limited to, Toledo Municipal Code Chapters 903, 905, 911 and 945 and regulations promulgated thereunder.
(e) Permittee shall comply with all applicable City and state regulations relating to the construction, maintenance or repair of its telecommunication system.
(f) Every holder of a telecommunication permit shall use its best efforts to cooperate with every other permit holder and the City for the best, most efficient, most aesthetic and least obtrusive use of the right-of-way including, but not limited to, participation in joint planning and advance notification of right-of-way work and participation in the underground utility facilities protection service. However, the City shall not impose any requirement on a provider which would impair its contractual rights with third parties or constitute a taking of such provider's property without just compensation.
(Ord. 398-97. Passed 6-24-97.)