(1) In those areas of the City where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, the MCS provider likewise shall construct, operate, and maintain all of its transmission and distribution facilities underground; provided that such facilities are actually capable of receiving MCS provider’s cable and other equipment without technical degradation of the cable system’s signal quality.

(2) In those areas of the City where the transmission or distribution facilities of the respective public utilities providing telephone communications, and electric services are both aerial and underground, the MCS provider shall have the sole discretion to construct, operate, and maintain all of its transmission and distribution facilities, or any part thereof, aerially or underground.

(3) Nothing contained in this Section shall require an MCS provider to construct, operate, and maintain underground any ground-mounted appurtenances such as subscriber taps, line extenders, system passive devices (splitters, directional couplers), amplifiers, power supplies, pedestals, or other related equipment.

(4) Notwithstanding anything to the contrary contained in this Section, in the event that all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are placed underground after the effective date of this ordinance, the MCS provider shall only be required to construct, operate, and maintain all of its transmission and distribution facilities underground if it is given reasonable notice and access to the public utilities’ facilities for the same or similar easements at the time that such are placed underground.

(5) All of an MCS provider’s fiber, cable and/or wire system shall be installed in accordance with applicable national, state and local engineering standards and safety codes. Where such systems are installed underground, including on subscribers’ private property, all of the system’s fiber, cable and wire shall be properly buried as soon as it is reasonably practicable to do so. It shall be a violation of this Chapter for any MCS provider or for any MCS provider’s construction agents to allow such fiber, cable or wire to be left exposed above-ground outside of permanent conduit where such installation would pose a danger to any person or property. Even where such exposure of the system’s fiber, cable or wire does not pose a safety hazard, it shall also be a violation of this Chapter for and MCS provider or its construction agent to allow the fiber, cable or wire to be left exposed above ground or outside of permanent conduit in excess of ten (10) working days, unless the MCS provider obtains written permission to do so from the affected private property owner and a code enforcement officer of the Provo City Development Services Department.