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

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(4) Whenever a Service Provider is required to locate or relocate Facilities underground in a certain area of the Right -of -Way, every Provider with Facilities within the same certain area of the Right -of -Way shall con- currently relocate their Facilities underground. This requirement may be waived by the City for good cause shown including consideration of such factors as: the remaining economic life of the Facilities, public safety, customer service needs, any Law precluding such underground - ing of the Facilities, and hardship to the Provider, as determined by the Director. If a Provider is denied a requested waiver from the above re- quirements, the Provider may appeal the denial of the Director to the Mayor as set forth in Section 904.99(c). Notwithstanding the above, no Service Provider shall be required to bear the expense of relocation or undergrounding of any Facilities if such requirement would be prohib- ited by law. (5) Except for Overhead Facilities as provided herein, no Facilities shall be located above ground in a Public Right -of -Way without the express written permission of the Director. (6) The City reserves the right to require a Service Provider to provide Ex- cess Capacity in the Public Right -of -Way at the time of Construction, Reconstruction, installation, location or relocation of Facilities. (b) Excess Capacity. To reduce Excavation in the Public Right -of -Way, it is the City's goal to encourage Service Providers to share occupancy of under- ground conduit as well as to construct, whenever possible, excess conduit capacity for occupancy of future Facilities in the Public Right -of -Way. Therefore, if a Service Provider is constructing underground conduit in the Public Right -of -Way for its own Facilities, and the City reasonably deter- mines such construction is in an area in which other Service Providers would likely construct Facilities in the future, the City may require the Ser- vice Provider to construct the conduit in the Public Right -of -Way with Ex- cess Capacity in the Public Right -of -Way, provided the Service Provider shall be reimbursed for the use of the Excess Capacity by another Service Provider, and subject to good engineering practices approved by the Direc- tor. The Service Provider may charge a reasonable market lease rate for oc- cupancy of the additional conduit space as reimbursement. (c) City Owned Conduit. If the City owns or leases conduit in the path of a Service Provider's proposed Facilities, and provided it is technologically feasible and not economically impracticable for the Service Provider's Fa- cilities to Occupy the conduit owned or leased by the City, the Service Pro- vider shall be required to Occupy the conduit owned or leased by the City in order to reduce the necessity to Excavate the Public Right -of -Way. The Service Provider shall pay to the City a Public Way Fee that is assessed pursuant to Section 904.08 for such Occupancy. (d) Relocation or Removal of Facilities. Within thirty (30) days following writ- ten notice from the City, a Service Provider shall, at its own expense, tem- porarily or permanently remove, relocate, change or alter the position of any Facilities in the Public Right -of -Way, or commence such work if the City determines completion within 30 days is unnecessary or overly burden- some, whenever the City shall have determined that such removal, reloca- tion, change or alteration is reasonably necessary for: (02299394 - 1)