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Application/Utility Excavation Permit/April 2018 Page 2 of 9
Department of Transportation
Engineering Services – 4
th
Floor
250 Frank H. Ogawa Plaza, Oakland, California 94612
Conditions for use of City of Oakland’s Right of Way
1. Installation of telephone lines and provision of telephone services shall be pursuant to Sec. 7901 of the California Public
Utilities Code.
2. Permittee is not authorized to place any other facilities or provide any services over the facilities placed in the rights-of-
way other than telephone lines as described above, without first obtaining authorizations from the City of Oakland,
including any necessary franchises, except where state law preempts local authority to franchise. By way of example and
not limitation, Permittee may not install cable system or open video system facilities without first obtaining a franchise.
3. Permittee is not authorized to install facilities on any other public property other than rights-of-way, and any use of other
public property shall require separate agreement.
4. Permittee shall comply with any provision that the City of Oakland may adopt in the future requiring it to obtain a franchise
or other authorization and may be required to do so as a condition to the continued effectiveness of the permit, provided
that nothing in this agreement shall be construed to prevent Permittee from claiming that a particular requirement is
prohibited by applicable law.
5. If state or federal law does not prohibit municipality from charging for use of rights-of-way by Permittee, it may do so, and
payment of any lawful compensation established by City of Oakland shall be a condition of the continued effectiveness of
the permit.
6. Permittee warrants that the services it will offer over the telephone lines consist solely of telephone service within the
meaning of Section 7901.
7. Permittee shall abide by all City of Oakland requirements for indemnification and insurance.
8. Conditions do not create or vest in permittee any property interest.
9. Permittee warrants that it will promptly notify the City of Oakland of any company to which it is selling, leasing, or
otherwise transferring facilities or capacity, and agrees not to sell, lease, or otherwise transfer facilitates or capacity to any
company that is required by state or federal law obtain franchise or other authorization from municipality without proof that
such company has obtained the necessary authorization or franchise.
10. The City of Oakland retains police powers with respect to time, place and manner of placement and relocation of facilities
within the public right-of-way.
11. Permittee agrees to comply with any future changes in State or Federal laws that pertain to the
telephone/telecommunications industry and the City of Oakland reserves the right to impose any changes in the law at
such future time.
12. Permittee will submit Quarterly Construction reports as required by the Public Utilities Commission.
13. Permittee warrants that in the event any telephone facilities approved by the City of Oakland pursuant to this permit are at
an time during the usable life of the equipment or facilities utilized for purposes other than providing telephone service as
defined by the California Public Utilities Code, including but not limited to the transmission of a cable system equivalent or
open video or data transmission , Permittee agrees to first obtain the necessary authorization or franchise for providing
such service over said existing facilities.
14. In addition to Permittee processing fees associated with the issuance of the herein permit, Permittee is subject to
inspection fees for the cost of determining compliance with the herein permit requirements. Additional re-inspection fee
charges may be assessed as necessary to assure ongoing compliance with permit requirements.
15. Permittee agrees to notify City of Oakland of any changes to the plans submitted with the excavation and all related
permit applications prior to constructing such change(s).
16. Permittee shall be a member of USA and shall be responsible for notifying USA prior to excavations.
17. At least 48 hours prior to excavation, Permittee shall notify the City of Oakland’s Electrical Division at (510) 615-5438 and
Telecommunications Systems Engineer at (510) 238-6900.
18. Permittee is required to adhere to all herein conditions as a condition of the continued effectiveness of the permit. Failure
or refusal to comply shall subject the Permittee to all civil penalty provisions.
19. Additional permit conditions may be required as a matter of policy at any time commencing from the issuance of the
permit up until the permit is “finalized” by the City of Oakland.
20. For as long as Permittee maintains facilities within the public right-of-way, Permittee is subject to an further licensing
and/or leasing requirements imposed by the City of Oakland for such use.
I as the authorized agent of (Company Name) _____________________ agree to the above Conditions