Within the underground areas, public utilities, cable operators, and small cell facility operators are prohibited from installing above ground structures and facilities in the rights-of-way. Public utilities, cable operators, and small cell facility operators may seek a waiver of this prohibition for the placement of new structures or facilities if the public utility, cable operator, or small cell facility operator is unable to achieve its service objective using a small cell facility under the following circumstances:
(a) From a location in the public way where the prohibition does not apply;
(b) In a utility easement the operator has the right to access; or
(c) In or on other suitable locations or structures made available by the municipal corporation at reasonable rates, fees, and terms.
(Ord. 18-09. Passed 5-7-18.)