Common use of New Facilities Clause in Contracts

New Facilities. Franchisee shall provide: (a) commercially reasonable notice (“Expansion Notice”) of any non-emergency extension, addition or expansion of any existing portion or portions of the Initial System, or the Construction or Installation of new Facilities, equipment, Conduits and other installations within the Franchise Area comprising, or becoming part of, the Telecommunications System and Facilities; and (b) the Plans and Specifications for such extension, addition or expansion or new Facilities. Franchisee shall abide by the City permitting process and Applicable Law and shall receive necessary approval thereof by the Public Works Department, which approval shall not be unreasonably withheld unless the extension, addition, expansion, Construction or Installation described in such Plans and Specifications is contrary to the public health, safety, welfare, and convenience or further City Right-of-Way plans. In the event that any request for the extension, addition or expansion of any existing Telecommunications System, or the Construction or Installation of new Facilities of Franchisee is denied by the Public Works Department for reasons stated herein, such denial shall be set forth in writing with the basis of the denial set forth therein within ninety (90) days following the receipt of Franchisee’s Expansion Notice, or if written approval is not received within said ninety (90) days of Franchisee’s Expansion Notice, or if written approval is provided to Franchisee before ninety (90) days, the extension, addition expansion, Construction or Installation of new Facilities request shall be deemed approved. The City acknowledges that Franchisee has a statutory duty to provide adequate, efficient and reasonable service and that Franchisee shall not be prevented from fulfilling that statutory obligation due to any unfounded or groundless delay by the 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: (a) provide commercially reasonable notice (“Expansion Notice”) of any non-emergency extension, addition extension or expansion of any existing portion or portions of the Initial SystemFranchisee Facilities, or the Construction 6/14/2023 3 PUBLIC SERVICE COMMISSION OF KENTUCKY construction or Installation installation of new Facilities, equipment, Conduits and other installations Facilities within the Franchise Area comprising, or becoming part of, area and the Telecommunications System plans and Facilities; and (b) the Plans and Specifications specifications for such extension, addition or expansion or new FacilitiesFacilities to the City. The Franchisee shall abide by the City City's permitting process and Applicable Law and shall receive necessary approval thereof by the Public Works DepartmentMayor or the designee thereof, which approval shall not be unreasonably withheld unless the extension, addition, expansion, Construction construction, or Installation installation described in such Plans those plans and Specifications specifications is contrary to the public health, safety, welfare, and convenience or further City Right-of-Way plansconvenience. In the event that any request for the extension, addition extension or expansion of any existing Telecommunications System, Facilities of the Franchisee or the Construction construction or Installation installation of new Facilities of the Franchisee is denied by the Public Works Department 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 ninety thirty (9030) days following of the receipt date of Franchisee’s Expansion Notice, 's notice. Ifwritten denial or if written approval is not received within said ninety thirty (9030) days of the Franchisee’s Expansion Notice, 's notice or if written approval is provided to Franchisee before ninety thirty (9030) days, the extension, addition expansion, Construction construction or Installation of new Facilities installation 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 Public Works Department Mayor or the designee thereof 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. Franchisee shall provide: (a) commercially reasonable notice (“Expansion Notice”) of any non-emergency extension, addition or expansion of any existing portion or portions of the Initial System, or the Construction or Installation of new Facilities, equipment, Conduits and other installations within the Franchise Area comprising, or becoming part of, the Telecommunications System and Facilities; and (b) the Plans and Specifications for such extension, addition or expansion or new Facilities. Franchisee shall abide by the City permitting process and Applicable Law and shall receive necessary approval thereof by PDS and/or the Public Works Department, as applicable, which approval shall not be unreasonably withheld unless the extension, addition, expansion, Construction or Installation described in such Plans and Specifications is contrary to the public health, safety, welfare, and convenience or further City Right-of-Way plans. In the event that any request for the extension, addition or expansion of any existing Telecommunications System, or the Construction or Installation of new Facilities of Franchisee is denied by the Public Works Department and/or PDS, as applicable, for reasons stated herein, such denial shall be set forth in writing with the basis of the denial set forth therein within ninety (90) days following the receipt of Franchisee’s Expansion Notice, or if written approval is not received within said ninety (90) days of Franchisee’s Expansion Notice, or if written approval is provided to Franchisee before ninety (90) days, the extension, addition expansion, Construction or Installation of new Facilities request shall be deemed approved. The City acknowledges that Franchisee has a statutory duty to provide adequate, efficient and reasonable service and that Franchisee shall not be prevented from fulfilling that statutory obligation due to any unfounded or groundless delay by PDS and/or the Public Works Department in giving, or failing to give, any approval described herein. Any denial may be appealed to the (City Council Council/Commission, County Commission) by Franchisee within sixty (60) days after date of the denial.