Undergrounding

Gaithersburg RIGHT-OF-WAY USE AND FRANCHISE AGREEMENT

4.2 Attachment to Third-Party Property. Subject to applicable Law and to Company obtaining the written permission of the owner(s) of the affected propertymand showing (1) a need for the attachment to provide uninterrupted wireless services and (ii) that no less intrusive alternative is available, the City hereby authorizes and permits Company to enter upon the Public Way and, subject to the permission of the appropriate owner and the City pursuant to the provision of Section 6 and any applicable design, installation or maintenance requirements the City may impose or pursuant to the City Code and regulations to locate, place, attach, install,operate, maintain, remove, reattach, reinstall, relocate, and replace such number of Small Cell or DAS Equipment in or on poles located within the Public Way. Only where third-party poles or other property is not available for attachment of Equipment, Company may install its own poles in the Public Way, consistent with the requirements that the City imposes on similar installations made by other utilities that use and occupy the Public Way, including, but not limited to the requirement to underground Equipment if other utilities are requirement to do so.
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