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09/24/2012 <br /> B. The City Engineer shall, in the exercise of reasonable discretion as permitted by state law, <br /> either approve or deny a state franchise holder's application for any permit required under <br /> Chapter 29 within sixty (60) days of receiving a complete permit application from the state <br /> franchise holder. <br /> C. If the City Engineer denies a state franchise holder's application for a permit, the City <br /> Engineer shall, at the time of notifying the applicant of denial, furnish to the applicant a <br /> detailed explanation of the reason or reasons for the denial. <br /> D. A state franchise holder that has been denied a permit by final decision of the City Engineer <br /> may appeal to the City Council with the time frame set forth and consistent with the <br /> provisions contained in Chapter 1 of this Municipal Code. The City Engineer shall transmit to <br /> the Council all maps, diagrams, records, papers, and files that constitute the record in the <br /> action from which the appeal was taken. <br /> E. The issuance of a permit under Chapter 29 of this Code is not a franchise, and does not <br /> grant any vested rights in any location in the public rights of way, or in any particular manner <br /> of placement within the rights of way. A permit to place cabinets and similar appurtenances <br /> aboveground may be revoked and the permittee required to place facilities underground, <br /> upon reasonable notice to the permittee. <br /> Sec. 11.84 Participation with other utilities. <br /> Each state franchise holder shall cooperate in the planning, locating and construction of <br /> its network in utility joint trenches or common duct banks with other telecommunications <br /> providers. <br /> Sec. 11.85 Underground Services Alert. <br /> Each state franchise holder shall be a member of the regional notification center for <br /> subsurface installations (Underground Services Alert) and shall field mark, at its sole cost and <br /> expense, the locations of its underground network facilities upon notification in accordance with <br /> the requirements of Section 4216 of the California Government Code, and any other applicable <br /> law. <br /> Sec. 11.86 Emergency Alert Systems. <br /> A. Each state franchise holder shall comply with the emergency alert system requirements of <br /> the Federal Communications Commission in order that emergency messages may be <br /> distributed over the state franchise holder's network. <br /> B. To the extent consistent with Public Utilities Code Section 5880, each state franchise holder <br /> shall incorporate into its network the same capability as required under a locally issued <br /> franchise in effect in the City to permit the City to override the video and audio on all <br /> channels simultaneously to provide emergency messages, for the duration of the locally <br /> issued franchise. <br /> Sec. 11.87 Interconnection for PEG Programming. <br /> Each state franchise holder, and each incumbent cable operator, shall negotiate in good <br /> faith to interconnect their networks for the purpose of providing PEG programming. <br /> Interconnection may be accomplished by any means authorized under Public Utilities Code <br /> Section 5870(h). Each state franchise holder and incumbent cable operator shall provide <br /> interconnection of PEG channels on reasonable terms and conditions and may not withhold the <br /> ATTY/ORD360/DIVCA(CH 11 ART III) ORD.2387 <br /> REV:07-16-12 PT Page 6 of 7 FOMERLY MUFF#305 <br />