13.18.020 - Make ready process.
A. Upon approval of an attachment application by an owner, pre-existing third party users shall allow an attacher, using preapproved contractors and at the attacher's expense, to perform make ready by transferring, relocating, rearranging, or altering the attachments of any pre-existing third party user to the extent necessary or appropriate to accommodate the attacher's attachment; provided, however:
1. The attacher will not perform complex make ready without first providing thirty days' prior written notice, which includes electronic communication, to the applicable pre-existing third party user so that a field meeting can be scheduled within that time frame with technicians from the pre-existing third party and the attacher. The technicians will decide what steps need to be taken to complete the complex make ready;
2. Nothing in this chapter authorizes an attacher to perform any act requiring an electric supply outage; and
3. Nothing in this chapter authorizes an attacher to perform any act with respect to attachments located above the communication worker safety zone, as such term is defined in the then-current National Electrical Safety Code, or any electric supply facilities wherever located.
4. The attacher will not perform make ready without first providing fifteen days' prior written notice, which includes electronic communication, to the applicable pre-existing third party user.
B. In the event a pre-existing third party user fails to transfer, relocate, rearrange or alter any of its attachments within thirty days of giving the written notice required in Section 13.18.020(A)(1), the attacher, using pre-approved contractors, may undertake complex make ready with respect to such attachments by transferring, relocating, rearranging, or altering the attachments at the attacher's expense; provided, however, that the pre-existing third party user will have sixty days from the date of notice to perform complex make ready if the technicians mutually agree to such extension in the field meeting required in Section 13.18.020(A)(1).
C. The attacher will place its attachment where instructed by the owner.
D. At its own expense, attacher shall ensure that any make ready attachments that are transferred, relocated, rearranged or altered are done in accordance with all applicable federal, state and local laws and regulations; and all applicable engineering and safety standards.
E. An attacher that exercises the right to transfer, relocate, rearrange or alter a pre-existing third party user's facilities pursuant to this chapter shall obtain and maintain, at its sole cost and expense, and file with the metropolitan clerk, a corporate surety bond with a surety company authorized to do business in the State of Tennessee and found acceptable by the metropolitan attorney, in the amount of one million dollars, both to safeguard the public right-of-way and to guarantee the timely performance of make ready construction and implementation of the telecommunications system. Additionally, such attachers, to the extent permitted by applicable law, shall indemnify, defend and hold harmless the owner of the affected utility pole or similar structure from and against any action, suit, or proceeding by an affected pre-existing third party user arising from such transfer, relocation, rearrangement or alteration.
F. If a transfer, relocation, rearrangement, or alteration results in an attachment of a pre-existing third party user failing to conform with the applicable owner's clearance, separation, the standards in Section 13.18.020(D), or other standards applicable to utility poles or structures of the type in question, the pre-existing third party user or owner shall notify the attacher in writing, which includes electronic communication, within the sixty day inspection window without waiving any rights. In the written notice, the pre-existing third party user will elect to either (i) perform the correction itself and bill the attacher for the actual, reasonable, and documented expenses of the correction incurred by the pre-existing third party user, or (ii) instruct the attacher to perform the correction at the attacher's expense using a pre-approved contractor. Any post-inspection corrections performed by the attacher must be completed within thirty days of written notice to the attacher from the pre-existing third party user or owner. Within thirty days of the attacher's completion of any post-inspection corrections that resulted in the transfer, relocation, rearrangement, or alteration of an attachment of a pre-existing third party user, the attacher shall send written notice, which includes electronic communication, of the transfer, relocation, rearrangement, or alteration and as-built reports to the applicable pre-existing third party user and, if requested, the owner.
G. To the extent permitted by applicable law, an attacher that exercises the right to transfer, relocate, rearrange or alter a pre-existing third party user's facilities pursuant to this chapter shall indemnify, defend and hold harmless the owner of the affected utility pole or similar structure from and against any action, suit, or proceeding by an affected pre-existing third party user arising from such transfer, relocation, rearrangement or alteration.
H. In the event of a dispute arising out of this chapter, the parties may exercise any of their legal rights, including the ability to negotiate a resolution in good faith.
(Amdt. 3 to Ord. BL2016-343 § 1, 2016; Amdt. 1 to Ord. BL2016-343 § 1, 2016; Ord. BL2016-343 § 1, 2016)
