§9-303. Underground Wires. [373]


(1) Definitions. In this Section the following definitions apply:

(a) Sound Reproduction Licensee. Any person to whom a special ordinance grants the privilege of using or maintaining underground wires for connecting buildings occupied by the customer of such person with the central station of such person and for transmitting music and advertising to such customers by a system of sound reproduction;

(b) Underground Wires. Any telegraph lines, telephone lines, electric light and power wires, electrical conductors, ducts, conduits, cables or pneumatic tubes laid or constructed beneath the streets of the City;

(2) General Provisions.[374]

(a) No person shall construct, use or maintain any underground wire except as authorized by special ordinance and in accordance with the provisions of this Section.

(b) No person shall construct any underground wire unless he has obtained a permit provided in § 11-204.

(c) The construction and maintenance of underground wire shall be under the supervision of the Department of Public Property, which shall have free access to them for inspection or making connections for the use by the City.

(d) Upon 30 days notice from the Department of Public Property, any person to whom the privilege of constructing any underground wire has been granted shall be required to furnish to the City for its free use, one tube, duct or chamber of a conduit, or the equivalent in good working wires.
(e) Failure to comply with § 9-303(3)(d) within 30 days of the time specified shall result in forfeiture of the privilege of constructing or maintaining underground wires.[375]

(f) No privilege to construct, maintain or use underground wires shall be assigned, transferred to or participated in by any one other than the person to whom the privilege is granted.[376]

(g) Any person to whom the privilege of constructing or maintaining underground wires has been granted shall be liable for injury or damages to gas mains, water mains, pipes or sewers caused by the opening of street or the construction or maintenance of the underground wires.

(h) Any privilege granted by special ordinance to construct, maintain or use underground wires shall include the authority to use, occupy or operate the underground wires of the Bell Telephone Company of Pennsylvania or any other corporation lawfully using electrical current for telegraph, telephone or signal purposes, upon the terms and conditions agreed upon between the holder of such privilege and the Bell Telephone Company of Pennsylvania or such other corporation.[377]

(i) The violation of any provision of this Section, or of the special ordinance granting the privilege to act under this Section, shall be remedied within 10 days after written notice of the violation or such longer time as the Department of Public Property provides. The failure to comply with the notice within the time specified shall result in forfeiture of the privileges granted, and the Department of Public Property shall disconnect the underground wires from the buildings where attached or remove them from the streets, at the expense of the person holding the privilege.

(3) Sound Reproduction Licensee.

(a) No sound reproduction licensee shall convey or disseminate any news, data or information with respect to horse or dog racing or gambling, or any similar matter or event, and the privileges granted to a sound reproduction licensee shall not include the right to furnish services to ballrooms, dance halls or private functions conducted in hotels, banquet halls or theaters.

(b) The privileges granted by special ordinance to any sound reproduction licensee shall at all times be exercised and maintained subject to the regulations of the Department of Public Property, and may at any time be revoked by special ordinance.