[Ord. No. 5045 § 1, 8-14-2008]
A.
A video service provider shall construct,
operate and maintain its video services network subject to the supervision
of the City or its designees and in strict compliance with all applicable
laws, ordinances, rules and regulations.
1.
The video service system and all
its parts shall be subject to inspection by the City.
2.
No construction, reconstruction or
relocation of the video service network or any part thereof within
the public rights-of-way shall be commenced until all applicable written
permits have been obtained from the proper City Officials. In any
permit so issued, such officials may impose such conditions and regulations
as a condition of the granting of the permit as are necessary for
the purpose of protecting any structures in the public rights-of-way
and for the proper restoration of such public rights-of-way and structures
and for the protection of the public and the continuity of pedestrian
and vehicular traffic.
3.
A video service provider shall participate
in any program active in the City with regard to giving and receiving
notice of the location of facilities and excavations.
B.
Use Of Public Property.
1.
Should the grades or lines of the
public rights-of-way that a video service provider is authorized to
use and occupy be changed at any time during the term of a video service
authorization, a provider shall, if necessary, relocate or change
its system so as to conform with the new grades or lines.
2.
Any alteration to any City, State
or other public structures in the public rights-of-way required on
account of the presence of a video service network in the public rights-of-way
shall be made at the sole cost and expense of the video service provider,
except where the project necessitating the relocation is a minor beautification
project, in which case relocation costs shall be borne by the City.
During any work of constructing, operating or maintaining of a system,
a video service provider shall also protect any and all existing structures
belonging to the City and any other person. All work performed by
such provider shall be done in the manner prescribed by the City or
other officials having jurisdiction therein.
3.
No person shall commence providing
video service or commence construction of a video service network
in the City until such person has obtained a state-issued video service
authorization.
C.
Nothing in this Chapter or any franchise
agreement shall be in preference or hindrance to the right of the
City and any board, authority, commission or public service corporation
to perform or carry on any public works or public improvements of
any description, and should a video service provider's system in any
way interfere with the construction, maintenance or repair of such
public works or public improvements, a video service provider shall
protect or relocate its system, or part thereof, as reasonably directed
by any City Official, board, authority, commission or public service
corporation.
[Ord. No. 5045 § 1, 8-14-2008]
Any equipment materials, apparatuses, devices or facilities
that are:
Declared abandoned by the owner of
such equipment or facilities;
No longer in active use, physically
disconnected from a portion of the operating facility or any other
facility that is in use or in service, and no longer capable of being
used for the same or similar purpose for which the equipment, apparatuses
or facilities were installed; or
No longer in active use and the owner
of such equipment or facilities fails to respond within thirty (30)
days to a written notice sent by the City.
The actual or deemed reduction in the useful life of the
public right-of-way resulting from the cutting, excavation or restoration
of the public right-of-way.
Includes, but is not limited to, the following:
An unexpected or unplanned outage,
cut, rupture, leak or any other failure of a video service facility
that prevents or significantly jeopardizes the ability of a public
utility to provide service to customers;
An unexpected or unplanned outage,
cut, rupture, leak or any other failure of a video service facility
that results or could result in danger to the public or a material
delay or hindrance to the provision of service to the public if the
outage, cut, rupture, leak or any other such failure of video service
facilities is not immediately repaired, controlled, stabilized or
rectified; or
Any occurrence involving a video
service facility that a reasonable person could conclude under the
circumstances that immediate and undelayed action by the video service
provider is necessary and warranted.
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, uncovered,
removed or otherwise displaced by means of any tools, equipment or
explosives, except that the following shall not be deemed excavation:
Any de minimis displacement or movement
of ground caused by pedestrian or vehicular traffic;
The replacement of utility poles
and related equipment at the existing general location that does not
involve either a street or sidewalk cut; or
Any other activity which does not
disturb or displace surface conditions of the earth, asphalt, concrete,
sand, gravel, rock or any other material in or on the ground.
The actual costs the City reasonably incurs in managing its
public rights-of-way, including such costs, if incurred, as those
associated with the following:
Issuing, processing and verifying
right-of-way permit applications;
Inspecting job sites and restoration
projects;
Protecting or moving video service
provider construction equipment after reasonable notification to the
video service provider during public right-of-way work;
Determining the adequacy of public
right-of-way restoration;
Restoring work inadequately performed
after providing notice and the opportunity to correct the work; and
Revoking right-of-way permits.
|
Right-of-way management costs shall
be the same for all entities doing similar work. Management costs
or rights-of-way management costs shall not include payment by a video
service provider for the use or rent of the public right-of-way, degradation
of the public right-of-way or any costs as outlined in paragraphs
(1) to (6) of this Subdivision which are incurred by the City as a
result of use by users other than video service provider, the fees
and cost of litigation relating to the interpretation of this Section.
|
The actions the City takes, through reasonable exercise of
its Police powers, to impose rights, duties and obligations on all
users of the right-of-way, including the City, in a reasonable, competitively
neutral and non-discriminatory and uniform manner, reflecting the
distinct engineering, construction, operation, maintenance and public
work and safety requirements applicable to the various users of the
public right-of-way, provided that such rights, duties and obligations
shall not conflict with any Federal law or regulation. In managing
the public right-of-way, the City shall:
Require construction performance
bonds or insurance coverage or demonstration of self- insurance at
the option of the City or if the video service provider has twenty-five
million dollars ($25,000,000.00) in net assets and does not have a
history of permitting non-compliance within the City as defined by
the City, then the video service provider shall not be required to
provide such bonds or insurance;
Establish coordination and timing
requirements that do not impose a barrier to entry;
Require video service providers to
submit, for right-of-way projects requiring excavation within the
public right-of-way, whether initiated by the City or any video service
provider, project data in the form maintained by the user and in a
reasonable time after receipt of the request based on the amount of
data requested;
Establish right-of-way permitting
requirements for street excavation;
Establish removal requirements for
abandoned equipment or facilities, if the existence of such facilities
prevents or significantly impairs right-of-way use, repair, excavation
or construction;
Establish permitting requirements
for structures or equipment for video service provider facilities
in the public right-of-way;
Establish standards for street restoration
in order to lessen the impact of degradation to the public right-of-way;
and
Impose permit conditions to protect
public safety.
The area on, below or above a public roadway, highway, street
or alleyway in which the City has an ownership interest, but not including:
The airwaves above a public right-of-way
with regard to cellular or other non-wire telecommunications or broadcast
service;
Easements obtained by utilities or
private easements in platted subdivisions or tracts;
Railroad rights-of-way and ground
utilized or acquired for railroad facilities; or
Poles, pipes, cables, conduits, wires,
optical cables or other means of transmission, collection or exchange
of communications, information, substances, data or electronic or
electrical current or impulses utilized by a municipally owned or
operated utility pursuant to Chapter 91, RSMo., or pursuant to a Charter
form of government.
Every cable television service, video service authorization
holder, pipeline corporation, gas corporation, electrical corporation,
rural electric cooperative, telecommunications company, water corporation,
heating or refrigerating corporation or sewer corporation under the
jurisdiction of the Public Service Commission; every municipally owned
or operated utility pursuant to Chapter 91, RSMo., or pursuant to
a Charter form of government or cooperatively owned or operated utility
pursuant to Chapter 394, RSMo.; every street light maintenance district;
every privately owned utility; and every other entity, regardless
of its form of organization or governance, whether for profit or not,
which in providing a public utility type of service for members of
the general public utilizes pipes, cables, conduits, wires, optical
cables or other means of transmission, collection or exchange of communications,
information, substances, data or electronic or electrical current
or impulses in the collection, exchange or dissemination of its product
or services through the public rights-of-way.
A public utility owning or controlling a facility in the
public right-of-way.
A permit issued by the City authorizing the performance of
excavation work in its public right-of-way.
[Ord. No. 5045 § 1, 8-14-2008]
A.
In addition to any other grants for the
use of public thoroughfares and pursuant to this Section, the City
shall grant its consent to a video service provider authorized to
do business pursuant to the laws of this State or by license of the
Federal Energy Regulatory Commission, United States Department of
Transportation, or the Federal Communications Commission to construct,
maintain and operate all equipment, facilities, devices, materials,
apparatuses or media including, but not limited to, conduits, ducts,
lines, pipes, wires, hoses, cables, culverts, tubes, poles, towers,
manholes, transformers, regulator stations, underground vaults, receivers,
transmitters, satellite dishes, micro cells, Pico cells, repeaters,
or amplifiers usable for the transmission or distribution of any service
or commodity installed below or above ground in the public right-of-way;
provided that, the City shall not require any conditions that are
inconsistent with the rules and regulations of the Federal Energy
Regulatory Commission, United States Department of Transportation,
Federal Communications Commission or the Missouri Public Service Commission.
B.
Pursuant to this Section, the City shall
manage its public rights-of-way and shall recover its rights-of-way
management costs as set forth above. The City hereby requires:
1.
A video service provider seeking
to excavate within a public right-of-way to obtain a right-of- way
permit with conditions consistent with the City's management of the
right-of-way;
2.
Video service providers to provide
notice to the City by submitting plans for anticipated construction
projects that require excavation within the public right-of-way; and
3.
In cases of emergency, video service
providers proceed with required work without a permit; however, such
users shall submit the necessary information and permit fee following
the emergency.
[Ord. No. 5045 § 1, 8-14-2008]
A.
A public utility right-of-way user, after
an excavation of a public right-of-way, shall provide for restoration
of the right-of-way and surrounding areas, including the pavement
and its foundation, in accordance with the standards and conditions
of the City, unless the City, at its option, chooses to perform its
own street restoration, in which case the public utility right-of-way
user shall be responsible for reimbursing the City its reasonable
actual restoration costs within thirty (30) days of invoice. Restoration
of the public right-of-way shall be completed within the dates specified
in the right-of-way permit, unless the permittee obtains a waiver,
extension or a new or amended right-of-way permit. Every right-of-way
user to whom a right-of-way permit has been granted shall guarantee
for a period of four (4) years the restoration of the right-of-way
in the area where such right-of-way user conducted excavation and
performed the restoration.
B.
If a public utility right-of-way user fails
to restore the public right-of-way within the date specified in the
right-of-way permit or has not acquired a waiver or extension to such
permit, the City is authorized to perform its own restoration required
as a result of the excavation, and the public utility right-of-way
user shall reimburse the City for the actual costs of such restoration.
[Ord. No. 5045 § 1, 8-14-2008]
A.
The City shall deny a right-of-way permit
if:
1.
The public utility right-of-way user
fails to provide all the necessary information requested by the City
for managing the public right-of-way;
2.
The public utility right-of-way user
has failed to return the public right-of-way to its previous condition
under a previous permit;
3.
The City has provided the public
utility right-of-way user with a reasonable, competitively neutral
and non-discriminatory justification for requiring an alternative
method for performing the work identified in the permit application
or a reasonable alternative route that will result in neither additional
installation expense up to ten percent (10%) to the public utility
right-of-way user nor a declination of service quality;
4.
The City determines that the denial
is necessary to protect the public health and safety, provided that
the authority of the City does not extend to those items under the
jurisdiction of the Public Service Commission, such denial shall not
interfere with a public utility's right of eminent domain of private
property, and such denials shall only be imposed on a competitively
neutral and non-discriminatory basis; or
5.
The area is environmentally sensitive
as defined by State Statute or Federal law or is a historic district
as defined by the St. Peters City Code.
B.
The City shall, after reasonable notice
and an opportunity to cure, revoke a right-of-way permit granted to
a public utility right-of-way user, with or without fee refund, and/or
impose a penalty as established by the City until the breach is cured,
but only in the event of a substantial breach of the terms and material
conditions of the permit. A substantial breach by a permittee includes,
but is not limited to:
1.
A material violation of a provision
of the right-of-way permit;
2.
An evasion or attempt to evade any
material provision of the right-of-way permit or the perpetration
or attempt to perpetrate any fraud or deceit upon the City or its
citizens;
3.
A material misrepresentation of fact
in the right-of-way permit application;
4.
A failure to complete work by the
date specified in the right-of-way permit, unless a permit extension
is obtained or unless the failure to complete the work is due to reasons
beyond the permittee's control; and
5.
A failure to correct, within the
time specified by the City, work that does not conform to applicable
national safety codes, industry construction standards or local safety
codes that are no more stringent than national safety codes, upon
inspection and notification by the City of the faulty condition.
C.
The City shall promptly, but not longer
than thirty-one (31) days, process all completed permit applications.
In order to avoid excessive processing and accounting costs to either
the City or the public utility right-of-way user, the City may establish
procedures for bulk processing of permits and periodic payment of
permit fees.
[Ord. No. 5045 § 1, 8-14-2008]
A.
A public utility right-of-way user that
has been denied a right-of-way permit, has had its right-of-way permit
revoked, believes that the fees imposed on the public right-of-way
user by the City do not conform to the requirements of this Chapter,
or asserts any other issues related to the use of the public right-of-way,
shall have, upon written request, such denials, revocations, fee impositions
or other disputes reviewed by the Board of Aldermen of the City. The
review request shall be filed within thirty (30) days of such denial,
revocation, fee imposition or permit application with regard to any
other issues related to use of the public right-of-way in order to
be reviewed by the Board of Aldermen. A decision affirming the denial,
revocation, fee imposition or dispute resolution shall be in writing
and supported by written findings establishing the reasonableness
of the decision.
B.
Upon affirmation by the Board of Aldermen
of the denial, revocation, fee imposition or dispute resolution, the
public utility right-of-way user may, in addition to all other remedies
and if both parties agree, have the right to have the matter resolved
by mediation or binding arbitration. Binding arbitration shall be
before an arbitrator agreed to by both the City and the public utility
right-of-way user. The costs and fees of a single arbitrator shall
be borne equally by the City and the public utility right-of-way user.
C.
If the parties cannot agree on an arbitrator,
the matter shall be resolved by a three-person arbitration panel consisting
of one (1) arbitrator selected by the City, one (1) arbitrator selected
by the public utility right-of-way user, and one (1) person selected
by the other two (2) arbitrators. In the event that a three-person
arbitrator panel is necessary, each party shall bear the expense of
its own arbitrator and shall jointly and equally bear with the other
party the expense of the third arbitrator and of the arbitration.
D.
Each party to the arbitration shall pay
its own costs, disbursements and attorney fees.
[Ord. No. 5045 § 1, 8-14-2008]
A.
The City shall recover its right-of-way
management costs by imposing a fee for permits issued by the City.
The City shall not recover from a public utility right-of-way user
costs caused by another entity's activity or inactivity in the public
right-of-way.
B.
Right-of-way permit fees imposed by the
City on public utility right-of-way users shall be:
1.
Based on the actual, substantiated
costs reasonably incurred by the City in managing the public right-of-way;
2.
Based on an allocation among all
users of the public right-of-way, including the City, which shall
reflect the proportionate costs imposed on the City by each of the
various types of uses of the public rights-of-way;
3.
Imposed on a competitively neutral
and non-discriminatory basis; and
4.
Imposed in a manner so that above
ground uses of the public right-of-way do not bear costs incurred
by the City to regulate underground uses of the public right-of-way.
C.
The public utility right-of-way user shall
have the right to equitably allocate, and may separately state in
the customer's bill, any or all right-of-way permit fees imposed by
the City to:
D.
The rights, duties and obligations regarding
the use of the public right-of-way imposed pursuant hereto shall be
uniformly applied to all users of the public right-of-way, including
the City.
[Ord. No. 5045 § 1, 8-14-2008]
A.
In managing the public right-of-way and
in imposing fees pursuant to this Chapter, the City shall not:
1.
Unlawfully discriminate among public
utility right-of-way users;
2.
Grant a preference to any public
utility right-of-way user;
3.
Create or erect any unreasonable
requirement for entry to the public right-of-way by public utility
right-of-way users;
4.
Require a telecommunications company
to obtain a franchise or require a public utility right-of-way user
to pay for the use of the public right-of-way, except as provided
in this Chapter;
5.
Enter into a contract or any other
agreement for providing for an exclusive use, occupancy or access
to any public right-of-way; or
6.
Require any public utility that has legally been granted access
to the City’s right-of-way to enter into an agreement or obtain
a permit for general access to or the right to remain in the right-of-way
of the City.
B.
The City shall not collect a fee imposed
pursuant to this Chapter through the provision of in-kind services
by a public utility right-of-way user, nor require the provision of
in-kind services as a condition of consent to use the City's public
right-of-way; however, nothing in this Subsection shall preclude requiring
services of a cable television operator, video services provider or
other video programming provider as permitted by law.
[Ord. No. 5045 § 1, 8-14-2008]
A.
The performance of excavation work in the
public right-of-way shall be in accordance with the applicable safety
and construction codes, and all other applicable zoning and safety
ordinances, to the extent not inconsistent with Public Service Commission
laws or administrative rules.
B.
Any contractor or subcontractor used for
the performance of excavation work in the public right-of-way shall
be properly licensed pursuant to the laws of the State and all applicable
ordinances if required, and each contractor or subcontractor shall
have the same obligations with respect to its work as a public utility
right-of-way user would have pursuant to Sections 67.1830 to 67.1846,
RSMo., and applicable laws if the work were performed by the public
utility. The public utility right-of-way user shall be responsible
for ensuring that the work of contractors and subcontractors is performed
consistent with its permits and applicable law and responsible for
promptly correcting acts or omissions by any contractor or subcontractor.
[Ord. No. 5045 § 1, 8-14-2008]
A.
Compliance With Safety Codes. All construction
practices of a video service provider shall be in accordance with
all applicable Sections of the Occupational Safety and Health Act
of 1970 and any amendments thereto as well as all State and local
codes where applicable.
B.
Compliance With Electrical Code. All installation of electronic equipment by a video service provider shall be of a permanent nature, durable and installed in accordance with the provisions of Chapter 510 of this Code.
C.
Antennas And Towers. Antenna supporting
structures (towers) constructed or maintained by a video services
provider shall be designed for the proper loading zone as specified
in Electronics Industry Association's R.S.- 222A Specifications.
D.
Compliance With Aviation Requirements.
Antenna supporting structures (towers) constructed or maintained by
a video services provider shall be painted, lighted, erected and maintained
in accordance with all applicable rules and regulations of the Federal
Aviation Administration and all other applicable State or local codes
and regulations.
E.
Construction Standards And Requirements.
All plant and equipment of a video services provider, including, but
not limited to, the antenna site, head-end and distribution system,
towers, house connections, structures, poles, wires, cables, coaxial
cables, fixtures and appurtenances, shall be installed, located, erected,
constructed, reconstructed, replaced, removed, repaired, maintained
and operated in accordance with good engineering practices, performed
by experienced maintenance and construction personnel so as not to
endanger or interfere with improvements the City may deem proper to
make, or to interfere in any manner with the rights of any property
owner, or to unnecessarily hinder or obstruct pedestrian or vehicular
traffic on municipal properties.
F.
Safety And Nuisance Requirements. A video
services provider shall at all times employ ordinary care and shall
install and maintain in use commonly accepted methods and devices
preventing failures and accidents which are likely to cause damage,
injury or nuisance to the public.
G.
Repair. Any damage caused by a video services
provider shall be repaired fully by such provider.
[Ord. No. 5045 § 1, 8-14-2008]
A.
Reports Required. A video service provider
shall file with the City:
1.
An annual report of video service
networks (FCC Form 325, Schedules 1, 2, 3 and 4);
2.
All petitions, applications and communications
of all types submitted by the video service provider to the Federal
Communications Commission, Securities and Exchange Commission or any
other Federal or State regulatory commission or agency having jurisdiction
over any matter affecting operation of the provider's system shall
be submitted simultaneously to the City by delivery to the City Clerk
who shall advise interested City departments of such filing;
3.
An ownership report indicating all
persons who at any time during the preceding year did control or benefit
from an interest in a franchise or video service authorization of
ten percent (10%) or more;
4.
All rules, regulations, terms and
conditions which it has adopted for the conduct of its business.
B.
Records Required. A video service provider
shall at all times maintain:
1.
A full and complete set of plans,
records and "as-built" maps showing the exact location of all system
equipment installed or in use in the City, exclusive of subscriber
service drops.
C.
Filing. When not otherwise prescribed herein,
all matters required to be filed with the City shall be filed with
the City Clerk.
[Ord. No. 5045 § 1, 8-14-2008]
At all reasonable times, a video
service provider shall permit examination by any duly authorized representative
of the City of all video service network facilities, together with
any appurtenant property of such provider situated within or without
the City. A provider shall also permit any duly authorized representative
of the City to examine and transcribe any and all maps and other records
kept or maintained by a provider or under its control concerning the
operations, affairs, transactions or property of a provider within
the public-right-of-way.
[Ord. No. 5045 § 1, 8-14-2008]
A.
A video service provider shall utilize
existing poles, conduits and other facilities whenever possible and
shall not construct or install any new, different or additional poles,
conduits or other facilities, whether on public property or on privately-owned
property, until the written approval of the City is obtained. However,
no location of any pole or wire-holding structure of a provider shall
be a vested interest and such poles or structures shall be removed
or modified by a provider at its own expense whenever the City determines
that the public convenience would be enhanced thereby.
B.
The wires of a provider shall be installed
underground in those areas of the City where existing telephone and
electric service are both underground at the time of the system construction.
In areas where either telephone or electric utility facilities are
installed aerially with the understanding that at such time as the
existing aerial facilities are required to be placed underground by
the City, a provider shall likewise place its facilities underground.
C.
A provider shall notify the City at least
seven (7) business days prior to the commencement of any construction
in any public rights-of-way. The City shall cooperate with a provider
in granting any permits required, providing such grant and subsequent
construction by a provider shall not unduly interfere with the use
of such public rights-of-way and that proposed construction shall
be done in accordance with current City ordinances.
D.
All transmission lines, equipment and structures
shall be so installed and located as to cause minimum interference
with the rights and reasonable convenience of property owners and
at all times shall be kept and maintained in a safe, adequate and
substantial condition and in good order and repair. A provider shall,
at all times, employ ordinary care and shall install and maintain
in use commonly accepted methods and devices for preventing failures
and accidents which are likely to cause damage, injuries or nuisances
to the public. Suitable barricades, flags, lights, flares or other
devices shall be used at such times and places as are reasonably required
for the safety of all members of the public. Any poles or other fixtures
placed in any public way by a provider shall be placed in such a manner
as not to interfere with the usual travel on such public way.
E.
A provider shall, at its own expense and
in a manner approved by the City, restore to City standards and specifications
any damage or disturbance caused to the public way as a result of
its operations or construction on its behalf.
F.
Whenever, in case of fire, disaster or
other emergencies, it becomes necessary in the judgment of the City
Administrator to remove any of a provider's facilities, no charge
shall be made by a provider against the City for restoration and repair.
G.
A provider shall have the authority to
trim trees on public property at its own expense as may be necessary
to protect its wires and facilities, subject to the prior, written
consent of the City. Trimming of trees on private property shall require
prior written consent of the property owner.
H.
A provider, at its expense, shall upon
five (5) days' prior written notice protect, support, temporarily
disconnect, relocate or remove any property of a provider when, in
the opinion of the City, the same is required by reason of traffic
conditions, public safety, street vacation, freeway or street construction,
change or establishment of street grade, installation of sewers, drains,
water pipes, power lines, signal lines, transportation facilities,
tracks or any other types of structures or improvements by governmental
agencies, whether acting in a governmental or a proprietary capacity,
or any other structure or public improvement, including, but not limited
to, movement of buildings, urban renewal and redevelopment, and any
general program under which the City shall undertake to cause all
such properties to be located beneath the surface of the ground. A
provider shall in all cases have the privilege, subject to the corresponding
obligations, to abandon any property of a provider in place. Nothing
hereunder shall be deemed a taking of the property of a provider and
a provider shall be entitled to no surcharge by reason of anything
hereunder.
I.
Upon failure of a provider to commence,
pursue or complete any work required by law or by the provisions of
this Chapter to be done in any public right-of-way within the time
prescribed and to the satisfaction of the City, the City may, in its
option, cause such work to be done and a provider shall pay to the
City the cost thereof in the itemized amounts reported by the City
to a provider within thirty (30) days after receipt of such itemized
report.
J.
A provider shall make no paving cuts or
curb cuts unless absolutely necessary, but only after written permission
has been given by the City.
K.
A provider shall install in conduit all
cable passing under any major roadway.
[Ord. No. 5045 § 1, 8-14-2008]
A.
A provider shall, for any person authorized
to move a building, temporarily raise or lower its wires to permit
the moving of such a building. The expense of such temporary removal,
raising or lowering of wires shall be paid by the person requesting
the same, and a provider shall have the authority to require such
payment in advance. A provider shall be given not less than five (5)
business days' advance notice of any move contemplated to require
temporary wire changes.
B.
The City shall notify a provider at least
five (5) days prior to the commencement of any construction in the
public rights-of-way that requires the relocation of a provider's
lines, wires or other system appurtenances so as not to interfere
with such construction.
C.
In the event continued use of a public
right-of-way is denied to a provider by the City for any valid reason,
a provider shall provide service to affected subscribers over alternate
routes within a reasonable period of time.
D.
Upon termination of service to any subscriber,
a provider shall promptly remove all its facilities and equipment
from the premises of such subscriber upon his/her request.
