Omni Fiber Utility Planning & Relocation Policy
In order to prevent unnecessary work, delays & disruption to the Municipality and other utility providers, Omni Fiber will perform the following actions:
- Review Network builds on an annual basis
- Examine serving areas
- Discuss planned aerial activity
- Deliver underground designs
- Synchronize existing infrastructure projects in flight to mitigate potential conflicts
- Participate in future planning sessions with other utilities
- Omni Fiber will request an annual planning session going forward with the Municipality and other utilities to coordinate future activities and align resources.
- Omni Fiber will continue weekly planning sessions with the Municipality and other utilities where necessary during the build-out process in order to coordinate current activities and align resources.
- Relocation to Accommodate Governmental Purposes. If Omni Fiber’s existing Network Facilities would interfere with the Municipality’s planned use of the Public ROW or other Municipal property for a governmental purpose, such as construction, installation, repair, maintenance, or operation of water, sewer, traffic signal facilities, or storm drain line/facilities, public roads or curb, gutter and sidewalk, parks, and recreational facilities, Omni Fiber will, upon written notice from the Municipality, timely remove and relocate its Network Facilities at Omni Fiber’s sole cost and expense to such other location or locations in the Public ROW as may be agreed by the parties, in light of the needs of the Municipality’s governmental purposes and Omni Fiber’s interest in maintaining the integrity and viability of its network and customer service. The timing of any such removal and relocation shall take into account the urgency of the need for relocation, the difficulty of the relocation, and other relevant facts and circumstances, provided that the Municipality will endeavor, unless otherwise an emergency circumstance, to provide Omni Fiber with at least one hundred and eighty (180) days written notice of the need to remove and relocate its Network Facilities from the Public ROW.
- Relocation to Accommodate Non-Governmental Purposes. If Omni Fiber’s existing Network Facilities would interfere with the Municipality’s planned use of the Public ROW for a commercial non-governmental purpose, or with a third-party’s use of the Public ROW, Omni Fiber will not be required to relocate its Network Facilities unless the Municipality or the third party enters into an agreement with Omni Fiber under which the Municipality or the third party would, at a minimum: (a) identify and arrange for a new location for Omni Fiber’s Network Facilities that is reasonably acceptable to Omni Fiber, (b) agree to a commercially reasonable period of time for the relocation, which in no event will be less than one hundred and eighty (180) days; and (c) agree to reimburse all of Omni Fiber’s reasonable direct and indirect costs, expenses, and losses associated with the requested relocation.