A. A grantee shall utilize existing poles, conduit systems and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduit systems, or other facilities whether on public property or on privately owned property until approval of the property owner or appropriate governmental authority is obtained. Such governmental approval shall not be unreasonably withheld if said approval complies with that authority’s regulations, codes and policies. However, the location of any pole or wire-holding structure by a grantee shall not constitute a vested interest, and such poles, structures, or facilities shall be removed, replaced or modified by the grantee at its own expense whenever the council or other governmental authority reasonably determines that the public interest so necessitates.

B. All cable communications system lines and equipment installed by a grantee within the city shall be located in accordance with plans and permits as approved by the city’s transportation department and in accordance with the city’s right-of-way use code.

C. In those areas of the city where electrical and telephone utility wiring is aerial and a grantee’s existing cable communications system lines and facilities are aerial, the grantee may construct, install, operate and maintain the existing cable communications system aerially. When existing aerial electrical and telephone utility wiring and equipment in an area of the city is subsequently relocated to underground, the grantee shall, at the same time, relocate its existing aerial cable communications system lines and facilities to underground, at no cost or expense to the city. In those areas of the city where existing electrical or telephone utility wiring is aerial and the grantee needs to construct or install new cable communications system lines or facilities, the grantee may request consent from the city for such aerial construction; such consent will be granted on a case-by-case basis and will not be unreasonably withheld. In those areas of the city where existing or new electrical or telephone utility wiring is underground, the grantee shall construct, install, operate and maintain its cable communications system underground.

D. A grantee shall, at its sole cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public way or remove from said street or other public way, any of its property when required to do so by the city because of street or other public excavation; construction; repair; regrading or grading; traffic conditions; installation of sewers, drains or water pipes; city-owned power or signal lines; tracks; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare.

E. A grantee shall at all times subscribe to any available “one number locater service” as defined by RCW 19.122.020(13). A grantee shall, before commencing excavation, provide notice of the scheduled commencement of excavation through the one number locater service.

F. On request to a grantee by any person who is authorized to perform work on any public right-of-way which has been used by a grantee for construction of a cable communications system, a grantee shall provide information regarding the type, location, height, and other pertinent information of poles, conduits, and other structures which the grantee has placed on said right-of-way. If requested by the city, the cost of providing information in accordance with this section shall be borne by the grantee; if other authorized parties make such a request, the reasonable cost shall be borne by the person making the request. (Ord. 5531 § 2, 2004.)