§ 24-61. Location of facilities and equipment.

(a)

Undergrounding by telecommunications right-of-way users. Any new construction and the installation of new equipment and replacement of old equipment of telecommunication right-of-way users shall be underground or contained within buildings or other structures in conformity with applicable codes. Provided, telecommunications right-of-way users may attach equipment and facilities to existing poles and structures maintained by a service or utility service and install small wireless facilities and wireless support structures located in the public right-of-way as permitted by the City Code.

(b)

Corridors. The engineer may assign specific corridors within the right-of-way, or any particular segment thereof, as may be necessary, for each type of equipment that is or, pursuant to current technology, the engineer expects will someday be located within the right-of-way. All permits issued by the engineer involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue.

(c)

Limitation of space. To protect health and safety, the engineer shall have the power to prohibit or limit the placement of new or additional equipment within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of-way. In making such decisions, the engineer shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing equipment in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest.

(Code 1992, § 421.14; Ord. No. 1997-7, 8-18-1997; Ord. No. 2017-12 , § 9, 11-8-2017)