CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. O-26-47 ENACTMENT NO. _________________
SPONSORED BY: Dan Champine
ORDINANCE
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Regulating Public Rights Of Way Excavation And Barricading For Fiber Infrastructure Purposes (Champine)
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BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. A new Section 30, of Chapter 6, Article 5, Part 2, being ? 6-5-2-30, of the revised Ordinances of Albuquerque 1994, the Street Excavation and Barricading Ordinance of the City of Albuquerque, New Mexico, is hereby created as follows:
? 6-5-2-30. FIBER OPTIC INFRASTRUCTURE SPECIFIC EXCAVATION AND BARRICADING PROVISIONS.
(A) DEFINITIONS.
(1) "Fiber Infrastructure" is the fiber optic cable network and related equipment that facilitates high-speed data transmission. This includes infrastructure as defined as a "Facility" in the applicable license agreement.
(2) "Licensee" is any entity or person who has entered into an agreement with the City of Albuquerque, where the agreement gives license to complete work or occupy any City ROW for fiber infrastructure purposes, but does not include persons or entities have the right to work within or occupy City right of way through an easement or franchise agreement. "Licensee" includes Licensee's agents, including but not limited to contractors, subcontractors, and any other person or entity authorized to act in any way on the Licensee's behalf.
(3) "ROW" is any public rights of way as defined in ROA 1994, Section 6-5-2-2.
(B) SIGNAGE AND IDENTIFICATION.
(1) All vehicles conducting work for a Licensee within City ROW under a City work order, permit or other agreement shall conspicuously display signage with the name and address of the Licensee. Such signage shall also include a contact phone number, monitored and answered from 7 A.M. to 7 P.M. Mountain Standard Time seven (7) days a week to allow the public to contact the License...
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