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'~ EXHIBIT "C„ <br />Comments and Findinqs <br />Construction Within and Use of the Public Way <br />Administrative Rule R-7.302 <br />Written comments were received from: Electric. Lightwave, Inc. (ELI); and the <br />University of Oregon, Telecommunication Services, to which I make the following findings: <br />Comment 1: Electric Lightwave, Inc. (ELI) commented that Rule R-7.302-C-1.2 <br />imposing street cut prohibitions was overly restrictive. The primary concerns expressed <br />were: (a) ELI does not always know 12 months in advance where it will need to install <br />facilities to serve its customers; (b) because new providers must in many cases construct <br />new facilities to serve customers, by restricting new street cuts and discouraging the <br />placement of overhead facilities (requiring undergrounding) the City will create an unfair <br />advantage for providers with existing facilities in the public way. <br />Findinqs: In response to comment 1.(a): The proposed rule accommodates <br />situations where a provider is unable to reasonably anticipate the need to install facilities <br />- in order to serve a customer. R-7.302-C-1.3 allows for exceptions to the prohibitions, with <br />'' an example of a condition which may justify an exception being "to provide necessary <br />utility services to a property where no other practicable alternative exists to provide such <br />service." This approach preserves the ability of a provider to serve new customers while <br />protecting public assets in the right-of--way from avoidable damage o~r •premature <br />degradation. In response to comment 1.(b): The standards set forth in the proposed rule <br />apply equally to all providers placing or operating facilities in the public way, irrespective <br />of the number of existing facilities they may have previously placed in the public way. Any <br />advantage a provider may have by virtue of owning existing facilities in the public way has <br />not been created though these rules, but rather exists through the provider's previous <br />investment in facilities. Requirements to place facilities underground apply only to new <br />developments where typically no provider-owned facilities exist prior to development, and <br />to cases where overhead facilities exist along a street subject to a street capacity <br />enhancement project. Therefore, undergrounding requirements of the rule have the same <br />impact on existing providers as "new" providers. <br />Comment 2: ELI commented that section R-7.302-C-1.3.3 references an exception <br />permit fee for cutting streets less than five years old and that the fee was not included in <br />documentation received by ELI. <br />Findinqs: The proposed rule does not set or alter fees but merely referenced a fee <br />set previously through a separate administrative order. A copy of that permit fee schedule <br />Exhibit C - 1 o2io5~sa <br />