(A) Grantee shall install its telecommunications facilities in accordance with the city's generally applicable aboveground and underground utility facility placement policies in effect as of the date of adoption of this chapter. No entity with existing attachments to utility poles shall be required to install new or existing facilities underground except as provided in the following subsection.
(B) Grantee agrees that, at such time as the city adopts policies and requirements permitting or requiring the underground installation of telecommunications facilities. Grantee shall fully comply with such policies and requirements provided they are imposed on Carriers in a competitively neutral and nondiscriminatory manner.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
No Grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public rights-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public rights-of-way. All such facilities shall be moved by the Grantee, temporarily or permanently, as determined by the city at the sole expense of the Grantee. All use of public rights-of-way shall be consistent with city codes, ordinances and regulations.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
(A) Within 60 days following written notice from the city, a Grantee shall, at no expense to the city, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public rights-of-way whenever the city shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
(1) The construction, repair, maintenance or installation of any city or other public improvement in or upon the public rights-of-way.
(2) The operations of the city or other governmental entity in or upon the public rights-of-way.
(B) Notwithstanding the 60 day limit, a Grantee shall, at no expense to the city, relocate overhead facilities within 30 days following written notice from the City Manager or his designee that a joint pole owner has space on poles for such purpose. The 30 or 60 day limit may be waived by consent of the parties. Waivers shall not be unreasonably withheld.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
(A) Within 30 days following written notice from the city, any Grantee, Carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public rights-of-way of the city shall, at its own expense, remove such facilities or appurtenances from the public rights-of-way of the city.
(B) A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:
(1) One year after the expiration or termination of the Grantee's telecommunications franchise.
(2) Upon abandonment of a facility within the public rights-of-way of the city. A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of 90 days or longer. A facility will not be considered abandoned if it is temporarily out of service during performance of repairs, if the facility is excess capacity of a current Grantee who is not in default, if the facility is being replaced or if the facility has been disconnected because the building or property being served is vacant.
(3) If the system or facility was constructed or installed without the prior grant of a telecommunications franchise.
(4) If the system or facility was constructed or installed without the prior issuance of a required construction permit.
(5) If the system or facility was constructed or installed at a location not permitted by the Grantee's telecommunications franchise.
(6) If the system interferes with or adversely affects existing telecommunication facilities.
(C) The 30 day limit may be waived by consent of the parties. Waivers shall not be unreasonably withheld.
(D) If all the facilities and appurtenances are not removed within one year after the termination or expiration of the franchise or such further time as may be granted by the city, they shall be forfeited to the city. The city may notify the Grantee, Carrier or other person described above that it waives forfeiture and may compel removal from the public right-of-way and restoration of the right-of-way and may maintain court suit to require such removal and restoration by the Grantee, Carrier or other person or the payment of the cost thereof by the Grantee, Carrier or other person.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)