Common use of New Facilities Clause in Contracts

New Facilities. The Franchisee shall provide commercially reasonable notice of any non-emergency extension or expansion of any existing Franchisee Facilities, or the 3 PUBLIC SERVICE construction or installation of new Facilities within the Franchise area and the plans and specifications for such new Facilities to the City. The Franchisee shall abide by the City's permitting process and receive necessary approval thereof by the Mayor or the designee thereof, which approval shall not be withheld unless the extension, expansion, construction, or installation described in those plans and specifications is contrary to the public health, safety, welfare, and convenience. In the event that any request for the extension or expansion of any existing Facilities of the Franchisee or the construction or installation of new Facilities of the Franchisee is denied by the Mayor or his designee for the reasons stated herein, such denial shall be set forth in writing with the basis of the denial set forth therein within thirty (30) days of the date of Franchisee's notice. Ifwritten denial or approval is not received within thirty (30) days of the Franchisee's notice or if written approval is provided to Franchisee before thirty (30) days, the extension, expansion, construction or installation request shall be deemed approved. The City acknowledges that the Franchisee has a statutory duty to provide adequate, efficient, and reasonable service and that the Franchisee shall not be prevented from fulfilling that statutory obligation due to any delay by the Mayor or the designee thereof in giving, or failing to give, any approval described herein.

New Facilities. The Franchisee shall provide provide: (a) commercially reasonable notice (“Expansion Notice”) of any non-emergency extension extension, addition or expansion of any existing Franchisee Facilitiesportion or portions of the Initial System, or the 3 PUBLIC SERVICE construction Construction or installation Installation of new Facilities Facilities, equipment, Conduits and other installations within the Franchise area Area comprising, or becoming part of, the Telecommunications System and Facilities; and (b) the plans Plans and specifications Specifications for such extension, addition or expansion or new Facilities to the CityFacilities. The Franchisee shall abide by the City's City permitting process and Applicable Law and shall receive necessary approval thereof by the Mayor or the designee thereofPublic Works Department, which approval shall not be unreasonably withheld unless the extension, addition, expansion, construction, Construction or installation Installation described in those plans such Plans and specifications Specifications is contrary to the public health, safety, welfare, and convenienceconvenience or further City Right-of-Way plans. In the event that any request for the extension extension, addition or expansion of any existing Facilities of the Franchisee Telecommunications System, or the construction Construction or installation Installation of new Facilities of the Franchisee is denied by the Mayor or his designee Public Works Department for the reasons stated herein, such denial shall be set forth in writing with the basis of the denial set forth therein within thirty ninety (3090) days of following the date receipt of Franchisee's notice. Ifwritten denial ’s Expansion Notice, or if written approval is not received within thirty said ninety (3090) days of the Franchisee's notice ’s Expansion Notice, or if written approval is provided to Franchisee before thirty ninety (3090) days, the extension, addition expansion, construction Construction or installation Installation of new Facilities request shall be deemed approved. The City acknowledges that the Franchisee has a statutory duty to provide adequate, efficient, efficient and reasonable service and that the Franchisee shall not be prevented from fulfilling that statutory obligation due to any unfounded or groundless delay by the Mayor or the designee thereof Public Works Department in giving, or failing to give, any approval described herein. Any denial may be appealed to the City Council by Franchisee within sixty (60) days after date of the denial.

New Facilities. The Franchisee shall provide commercially reasonable notice of any non-emergency extension or expansion of any existing Franchisee Facilities, or the 3 PUBLIC SERVICE construction or installation of new Facilities within the Franchise area and the plans and notice of any non-emergency extension or expansion of any existing Franchisee FRacilEitiesC, orEtheIVED specifications for such new Facilities to the City. The Franchisee shall abide by the City's permitting process and receive necessary approval thereof by the Mayor or the designee thereof, which approval shall not be withheld unless the extension, expansion, construction, or installation described in those plans and specifications is contrary to the public health, safety, welfare, and convenience. In the event that any request for the extension or expansion of any existing Facilities of the Franchisee or the construction or installation of new Facilities of the Franchisee is denied by the Mayor or his designee for the reasons stated herein, such denial shall be set forth in writing with the basis of the denial set forth therein within thirty (30) days of the date of Franchisee's notice. Ifwritten If written denial or approval is not received within thirty (30) days of the Franchisee's notice or if written approval is provided to Franchisee before thirty (30) days, the extension, expansion, construction or installation request shall be deemed approved. The City acknowledges that the Franchisee has a statutory duty to provide adequate, efficient, and reasonable service and that the Franchisee shall not be prevented from fulfilling that statutory obligation due to any delay by the Mayor or the designee thereof in giving, or failing to give, any approval described herein.

New Facilities. The Franchisee shall provide provide: (a) commercially reasonable notice (“Expansion Notice”) of any non-emergency extension extension, addition or expansion of any existing Franchisee Facilitiesportion or portions of the Initial System, or the 3 PUBLIC SERVICE construction Construction or installation Installation of new Facilities Facilities, equipment, Conduits and other installations within the Franchise area Area comprising, or becoming part of, the Telecommunications System and Facilities; and (b) the plans Plans and specifications Specifications for such extension, addition or expansion or new Facilities to the CityFacilities. The Franchisee shall abide by the City's City permitting process and Applicable Law and shall receive necessary approval thereof by PDS and/or the Mayor or the designee thereofPublic Works Department, as applicable, which approval shall not be unreasonably withheld unless the extension, addition, expansion, construction, Construction or installation Installation described in those plans such Plans and specifications Specifications is contrary to the public health, safety, welfare, and convenienceconvenience or further City Right-of-Way plans. In the event that any request for the extension extension, addition or expansion of any existing Facilities of the Franchisee Telecommunications System, or the construction Construction or installation Installation of new Facilities of the Franchisee is denied by the Mayor or his designee Public Works Department and/or PDS, as applicable, for the reasons stated herein, such denial shall be set forth in writing with the basis of the denial set forth therein within thirty ninety (3090) days of following the date receipt of Franchisee's notice. Ifwritten denial ’s Expansion Notice, or if written approval is not received within thirty said ninety (3090) days of the Franchisee's notice ’s Expansion Notice, or if written approval is provided to Franchisee before thirty ninety (3090) days, the extension, addition expansion, construction Construction or installation Installation of new Facilities request shall be deemed approved. The City acknowledges that the Franchisee has a statutory duty to provide adequate, efficient, efficient and reasonable service and that the Franchisee shall not be prevented from fulfilling that statutory obligation due to any unfounded or groundless delay by PDS and/or the Mayor or the designee thereof Public Works Department in giving, or failing to give, any approval described herein. Any denial may be appealed to the (City Council/Commission, County Commission) by Franchisee within sixty (60) days after date of the denial.