1379-19 Right-of-Way Cell Towers

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maintenance of a City project, because the particular Communications Facility is interfering with or adversely affecting the proper operation of street light poles,traffic signals, or any communications system belonging to the City or an agency thereof or because the particular Communications Facility is interfering with the signals or facilities of the Zephyrhills Police Department, Zephyrhills Fire Rescue or any municipal public utility. In the event the City issues any such written notice to the Communications Services Provider pursuant to this paragraph, and the Communications Services Provider fails to cause the aforementioned relocation or removal as required herein, the City shall be entitled to relocate or remove such Facilities without further notice to the Communications Services Provider and the total cost and expense shall be charged to the Communications Services Provider. (14) Temporary Raising or Lowering ofFacilities. A Communications Services Provider,upon request of any Person holding a validly issued building or moving permit from the City to temporarily encroach on or perform moving operations in or across the Public Rights-of- Way, shall temporarily raise or lower its Communications Facilities to accommodate such temporary encroachment or move. The expense of such temporary raising or lowering of Facilities shall be paid by the Person requesting the same, and the Communications Services Provider shall have the authority to require such payment in advance. The Communications Services Provider shall be given not less than 20 days advance written notice from such Person to arrange for the temporary relocation, which notice shall detail the time and location of the permitted activity, and not less than 24 hours advance notice from the permit holder advising of the actual operation. The City is not subject to,nor shall it be liable for, any such expense or notice requirement for the moving of houses or structures performed by the City or its contractors. (15) Coordination. In an effort to minimize the adverse impact on the Public Rights-of-Way and other municipal improvements, a Communications Services Provider shall be required to coordinate the placement or maintenance of its Facilities with any work, construction, installation in or repairs of the subject Public Rights-of-Way or other Facilities therein that is occurring or is scheduled to occur within a reasonable time from Application for a Right- of-Way Use Permit, as determined by the City. Every Communications Services Provider shall make space in its trench and/or conduit within the Public Rights-of-Way available to other providers consistent with the federal requirements of 47 U.S.C. §224. Every Communications Services Provider shall utilize existing conduits, pathways and other Facilities whenever possible, and shall not place or maintain any new, different, or additional poles, conduits, pathways or other Facilities, whether in the Public Rights-of- Way or on privately-owned property, until written approval is obtained from the City or other appropriate governmental authority, and,where applicable, from the private property owner. (16) Co-location and Joint Use. A Communications Services Provider,in an effort to minimize the adverse impact on the useful life of the Public Rights-of-Way,shall,whenever possible, enter into joint use agreements with the City and other parties who have Registered with, or who are expressly authorized by,the City to use its Public Rights-of-Way;provided that the terms of such agreements are satisfactory to the Communications Services Provider. Nothing herein contained shall mandate that the Communications Services Provider enter into joint use agreements with parties other than the City or an agency of the City.However, prior to placement of any new or additional underground conduit in the Public Rights-of- Way, a Communications Services Provider is required to certify in writing to the City that it has made appropriate inquiry to all existing utilities and other entities possessing a right to occupy the Public Rights-of-Way as to the availability of existing or planned conduit that the particular Communications Services Provider could reasonably utilize to meet its needs, and that no such conduit is available or planned at a reasonable cost by any other entity on the time schedule reasonably needed. The Communications Services Provider shall not be permitted to perform any placement or maintenance of Facilities in those segments of the Public Rights-of-Way where there exists vacant or available conduit, dark fiber or surplus fiber owned by the City, an agency of the City or another governmental body which is or, through a reasonable amount of effort and expense, can be made compatible with the Communications Services Provider's System or network. Under such circumstances the Communications Services Provider shall have the opportunity to enter into a use agreement or lease arrangement with the City or an agency of the City at or below Page 14of31