[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]
As used in Sections 635.170 — 635.205, the following terms shall mean:
ABANDONED EQUIPMENT OR FACILITIES
Any equipment materials, apparatuses, devices or facilities that are:
1. 
Declared abandoned by the owner of such equipment or facilities;
2. 
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
3. 
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.
DEGRADATION
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.
EMERGENCY
Includes, but is not limited to, the following:
1. 
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;
2. 
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
3. 
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.
EXCAVATION
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:
1. 
Any de minimis displacement or movement of ground caused by pedestrian or vehicular traffic;
2. 
The replacement of utility poles and related equipment at the existing general location that does not involve either a street or sidewalk cut; or
3. 
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.
MANAGEMENT COSTS OR RIGHTS-OF-WAY MANAGEMENT COSTS
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:
1. 
Issuing, processing and verifying right-of-way permit applications;
2. 
Inspecting job sites and restoration projects;
3. 
Protecting or moving video service provider construction equipment after reasonable notification to the video service provider during public right-of-way work;
4. 
Determining the adequacy of public right-of-way restoration;
5. 
Restoring work inadequately performed after providing notice and the opportunity to correct the work; and
6. 
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.
MANAGING THE PUBLIC RIGHT-OF-WAY
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:
1. 
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;
2. 
Establish coordination and timing requirements that do not impose a barrier to entry;
3. 
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;
4. 
Establish right-of-way permitting requirements for street excavation;
5. 
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;
6. 
Establish permitting requirements for structures or equipment for video service provider facilities in the public right-of-way;
7. 
Establish standards for street restoration in order to lessen the impact of degradation to the public right-of-way; and
8. 
Impose permit conditions to protect public safety.
PUBLIC RIGHT-OF-WAY
The area on, below or above a public roadway, highway, street or alleyway in which the City has an ownership interest, but not including:
1. 
The airwaves above a public right-of-way with regard to cellular or other non-wire telecommunications or broadcast service;
2. 
Easements obtained by utilities or private easements in platted subdivisions or tracts;
3. 
Railroad rights-of-way and ground utilized or acquired for railroad facilities; or
4. 
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.
PUBLIC UTILITY
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.
PUBLIC UTILITY RIGHT-OF-WAY USER
A public utility owning or controlling a facility in the public right-of-way.
RIGHT-OF-WAY PERMIT
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:
1. 
Customers of the public utility right-of-way user residing in the City; or
2. 
Any specific customer or customers requesting or requiring the public utility right-of-way user to perform work for which the acquisition of a right-of-way permit is necessary.
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; Ord. No. 8197, 9-25-2025]
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, Federal and local laws, ordinances and regulations, including, but not limited to, Sections 319.010 through 319.050, RSMo., as amended.
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.