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

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(2) That rebuts the alleged violation or noncompliance; or (3) That it would be in the public interest to impose some penalty or sanc- tion less than revocation. (n) Identification of Facilities. When the City determines that identification of Facilities is necessary to begin planning for Right -of -Way improvement projects, Service Providers, upon receipt of notice by the City, are required to use reasonable efforts to field identify their Facilities. In identifying Fa- cilities, customary industry standards must be adhered to and markings must identify the Service Provider responsible for the Facilities. All markings must also be clearly readable fi-om the ground and include the Service Pro- vider's name, logo and identification numbering or tracking. Advertising is not permitted and all marking colors shall be those approved by the City. (o) Waiver of Requirements. It is within the Director's reasonable discretion to waive a portion or portions of this chapter where such requirements, in the Director's judgment, are not necessary or appropriate to protect the City's interests and the purposes and intent of this chapter. (p) New or Additional Facilities When the Right -of -Way is Full. The City shall have the power to prohibit or limit the placement of new or additional Facil- ities within the Public Right -of -Way if the Right -of -Way is full. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the Right -of -Way, but shall be guided primarily by considerations of the public health, safety and welfare, the condition of the Right -of -Way, the time of year with respect to essential Utilities, the protection of existing Facilities in the Right -of -Way, future City and County plans, if applicable, for public improvements, development projects which have been determined to be in the public interest and non- discriminatory and competitively neutral treatment among Service Provid- ers. 904.05 LOCATION, RELOCATION AND REMOVAL OF FACILITIES. (a) Location of Facilities. All Facilities shall be Constructed, Reconstructed, installed and located in accordance with the following terms and conditions: (1) Facilities shall be installed within an existing compatible underground duct or conduit whenever Excess Capacity exists within such Facility. (2) Unless application of this provision is specifically prohibited by state or federal law, a Service Provider with permission to install Overhead Fa- cilities shall install its Facilities on pole attachments to existing utility poles only, and then only if Surplus Space is available; and no pole lo- cated within the Public Right -of -Way shall exceed fifty (50) feet in height unless approved by City Council ordinance. (3) Whenever the existing electric, cable, telecommunications and other similar Facilities are located underground in a certain area in a Public Right -of -Way, a Service Provider with permission to Occupy the same Public Right -of -Way with the electric, cable, telecommunications or other similar Facilities, must also locate its Facilities underground to the extent technologically feasible and economically practicable. (02299394 - 1)