59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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All such Facilities shall be moved by the Service Provider, temporarily or permanently, as determined by the Director. (f) Damage to Public and Private Property. No Service Provider nor any Per- son acting on the Service Provider's behalf shall take any action or permit any action to be done which may impair or damage any City Property, Pub- lic Right -of -Way, Other Ways or other public or private property located in, on or adjacent thereto. (g) Restoration of Public Right -of -Way Other Ways and City Property. (1) When a Service Provider, or any Person acting on its behalf, does any work in or affecting any Public Right -of -Way, Other Ways or City Property, it shall, after the work is completed and at its own expense, promptly remove any obstructions therefrom and restore such ways or property, within ten (10) to thirty (30) days at the Director's discretion, to as good a condition as existed before the work was undertaken, un- less otherwise directed by the City. (2) If weather or other conditions do not permit the complete restoration required by this section, the Service Provider shall temporarily restore the affected ways or property as directed by the Director. Such tempo- rary restoration shall be at the Service Provider's sole expense and the Service Provider shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. (h) Duty to Provide Information. (1) Within ten (10) days of a written request from the Director each Ser- vice Provider shall famish the City with documentation sufficient to show that the Service Provider has complied with all requirements of this chapter. (2) In addition, within ten (10) days of a written request from the Director, each Service Provider shall make available for inspection by the City at reasonable times all books, records, maps and other documents, main- tained by the Service Provider with respect to its Facilities in the Public Right -of -Way. (i) Leased Capacity. A Service Provider shall have the right, without prior City approval, to lease capacity or bandwidth to an unaffiliated Service Provider, provided that when a lessee has physical access to the leased Fa- cilities: (1) The Service Provider shall notify the City of the lease agreement within thirty (30) days of such lease agreement; and (2) The lessee has complied, to the extent applicable, with the requirements of this chapter. (j) Assignments or Transfers of Consent. Consent to Occupy or Use the Public Right -of -Way may be, directly or indirectly, transferred, assigned or dis- posed of by sale, lease, merger, consolidation or other act of the Service Provider, by operation of law or otherwise, without consent of the City, so long as: 102299394 - 1)