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shall provide to the commission a complete copy of the annual proof of per- <br />formance tests upon request by the commission. Amended by ordinance No. <br />X9359, ~O/I4185,~ <br />Section 9. Use of Public days. <br />~1} Street apenin~s or Gb.struc,tions. Any opening or obstruction in <br />or disturbance of the streets made by Grantee in the exercise of its rights <br />under this f ranchise agreement shall be lane in compliance with the standard <br />specifications of the Grantor and all other applicable Federal, State, and <br />local laws, ordinances, traffic manuals, and regulations. No hard surface <br />pavement shall be cut or street broken by the Grantee without first obtain- <br />ing a permit from the Grantor, which requires a plan submittal and approval <br />before installation begins. <br />~Z~ Undergroundi,nc~,and Pole Use. The cable communications system <br />cables, wires, and associated equipment or facilities shall be placed under- <br />ground in areas of the franchise territory where telephone and electric util- <br />ity lines are underground. At no time shall the cable system be the only <br />aerial facility. Undergrounding of Grantee's equipment and facilities shall <br />be done in compliance with code provisions of the Grantor, and in coopera- <br />tion with the telephone company and electric utility board operating in the <br />area. In all matters relating to undergrounding, Grantor shall not discri- <br />minate against Grantee with respect to any requirements imposed or benefits <br />conferred upon telephone or electric utilities, except as such benefits to <br />telephone or electric utilities are required by State law and the same bene- <br />fits to Grantee are not required by State law. Arrangements shall be made <br />by the Grantee with the telephone company or utility board for the use of <br />existing poles in areas where the utilities are above ground, and no poles <br />shall be erected by the Grantee without prior approval of the Grantor. Be- <br />fore placing equipment or facilities underground, or above ground, it sha11 <br />Drdinance - 13 <br />