A provider shall be subject to and comply with
the additional or supplementary terms and conditions of any generally
applicable rights-of-way ordinances that the City may currently have
in place or adopt in the future pursuant to its police powers.
Each provider shall designate a local person
familiar with the facilities who will act as a local agent for the
provider and will be responsible for satisfying information requirements
of this ordinance as well as the individual use agreement and any
associated GOL. The provider shall present to the City the agent's
name, address, telephone number, fax number and e-mail address. The
agent shall be the person to whom relocation notices and other such
notices shall be sent, and with whom rests the responsibility to facilitate
all necessary communications between the City and the provider. The
provider shall be responsible for all costs incurred by the City due
to the failure to provide such information to the City.
Prior to constructing any new or additional
conduit within the rights-of-way, provider shall make a good-faith
effort to ascertain whether existing or planned conduit exists that
the provider could reasonably utilize to meet its needs and/or whether
a pole attachment to an existing utility pole could be obtained pursuant
to MGL c. 166, § 25A. Upon a determination that no such
conduit or pole space is available, provider shall notify the City
of such fact in writing. Provider shall then provide written notification
of the proposed construction activity to all existing utilities, providers,
and other known service providers, who shall have 30 days from the
receipt of such notification to indicate in writing to the City and
the provider as to whether they desire to jointly undertake the construction
of such conduit or otherwise engage in co-location. Existing utilities
and telecommunications providers, shall have 45 days to respond to
a request for joint construction and/or co-location.
Each provider shall participate in any joint
planning, construction and advance notification of rights-of-way work,
including coordination and consolidation of street cut work as directed
by the City's designated representatives. In addition, providers shall
cooperate with other providers and the City for the best, most efficient,
most aesthetic and least obtrusive use of the rights-of-way, consistent
with safety, the public interest and to minimize traffic and other
disruptions, including street cuts. The City shall monitor the providers'
compliance with such coordination and take steps as necessary pursuant
to its general police power authority. providers shall provide such
reports and other documentation related to such joint planning activities
to the City as reasonably requested by the City.
It is in the public interest as well as that
of all telecommunications providers to attempt to coordinate construction
within the rights-of-way whenever it is reasonably possible. Periodic
reporting by telecommunications providers of anticipated construction
plans will facilitate this objective and shall therefore be submitted
to the City as required herein.
A. Every provider shall, at the time of its initial application
and no later than June 1 of each succeeding year, file a construction
and major maintenance plan with the City's Clerk's office.
B. The City shall make available at the date of application,
and on June 1 of every year, the City's current construction and major
maintenance plan.
C. All such plans shall include the location and estimated
commencement and termination dates of construction/maintenance work
to be undertaken in the coming two years.
D. By July 1 of each year the City will have available
for public inspection a composite list of all construction/major maintenance
projects of which the City has been informed. All providers are responsible
for keeping themselves informed as to the current status of the list.
E. Thereafter, by August 1 of each year, a provider may amend any project in its list and provide the City with notification of such changes. providers who coordinate their construction activities and undertake joint activities pursuant to the plan shall be eligible for a credit on their fee payments as set out in §
276-13 above.