5.26.100 Location of Telecommunications Facilities.
A. Location of Facilities: All facilities located within the public right-of-way shall be constructed, installed, and located in accordance with the following terms and conditions, unless otherwise specified in a franchise agreement:
1. Whenever all existing electric utilities, cable facilities, or telecommunications facilities are located underground within a public right-of-way of the City, a grantee with permission to occupy the same public right-of-way must also locate its telecommunications facilities under-ground.
2. Whenever all new or existing electric utilities, cable facilities, or telecommunications facilities are located or relocated underground within a public right-of-way of the City, a grantee that currently occupies the same public right-of-way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public right-of-way, absent extraordinary circumstances or undue hardship as determined by the City and consistent with applicable state and federal law.
B. Interference with the Public Rights-of-way: 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 use of public rights-of-way shall be consistent with City codes, ordinances, and regulations.
C. Relocation or Removal of Facilities: Except in the case of an emergency, within ninety (90) 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.
3. The public interest.
D. Removal of Unauthorized Facilities: Within thirty (30) days following written notice from the City, any grantee, telecommunications carrier, or other person that owns, controls, or maintains any unauthorized tele-communications system, facility, or related appurtenances within the public rights-of-way of the City shall, at its own expense, remove such facilities and/or appurtenances from the public rights-of-way of the City. Both parties are required to participate in good faith negotiations on such issues. A tele-communications 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 ninety (90) days or longer. A facility will not be considered abandoned if it is temporarily out of service during performance of repairs or if the facility is being replaced. The City shall make a reasonable attempt to contact the telecommunications carrier before concluding that a facility is abandoned. A facility may be abandoned in place and not removed if there is no apparent risk to the public safety, health, or welfare.
3. If the system or facility was constructed or installed without the appropriate prior authority at the time of installation.
4. If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications franchise or other legally sufficient permit.
E. Coordination of Construction Activities: All grantees are required to make a good faith effort to cooperate with the City.
1. By January 1 of each year, grantees shall provide the City with a schedule of their known proposed construction activities in, around, or that may affect the public rights-of-way.
2. If requested by the City, each grantee shall meet with the City annually or as determined by the City, to schedule and coordinate construction in the public rights-of-way. At that time, City will provide available information on plans for local, state, and/or federal construction projects.
3. All construction locations, activities, and schedules shall be coordinated, as ordered by the City Engineer or designee, to minimize public inconvenience, disruption, or damages.