(1) A permittee or franchisee shall install its communications facilities within an existing underground duct or conduit whenever excess capacity exists within such utility facility;

(2) A permittee or franchisee with permission to install overhead facilities shall install its communications facilities on pole attachments to existing utility poles only, and then only if surplus space is available;

(3) Whenever any existing electric utilities or communications facilities are located underground within a public way of the City, a permittee or franchisee with permission to occupy the same public way must also locate its communications facilities underground;

(4) Whenever any new or existing electric utilities and/or communications facilities are relocated underground within a public way of the City, a permittee or franchisee that currently occupies the same public way shall, at its own expense, relocate its facilities underground. Absent extraordinary circumstances or undue hardship as determined by the City Engineer, such relocation shall be made concurrently to minimize the disruption of the public ways. No extension granted by the City Engineer under this subsection shall exceed a period of 12 months; and

(5) Whenever new communications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future communications carriers or facilities, the permittee or franchisee and all other occupants of the public way shall provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future operators and carriers. [Ord. 3287 § 1, 1998; Code 1970 § 15.70.110.]