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All facilities located within the public right-of-way or utility easements shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a franchise agreement:

A. Grantee shall install its telecommunications facilities underground unless the City specifically permits attachments to utility poles or other aboveground facilities, provided, however, no entity with existing attachments to utility poles shall be required to install new or existing facilities underground except as provided in the following subsections.

B. Grantee shall install its telecommunications facilities within an existing underground duct or conduit owned by it whenever surplus capacity exists within such utility facility unless grantee demonstrates to satisfaction of city that such installation is not feasible.

C. A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if usable space is available as determined by the Department of Electric Utilities or the owner of the poles.

D. Whenever any existing electric utilities 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 underground. Whenever any overhead electric utilities are relocated underground, any grantee with permission to occupy the same public right-of-way must also relocate underground.

E. Whenever any 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 state law.

F. The City engineer may grant exceptions to some or all of the requirements of this section if the engineer determines, in the engineer’s sole discretion, that a waiver is necessary to fulfill the purpose and intent of this title. (Ord. 2850 § 24, amended, 10/19/1999)

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