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<br />Subd. 2. Trade Secret Information. At the request of any registrant, any information <br />requested by the Director, which qualifies as a "trade-secret" under Minn. Stat. §13.37(b) shall <br />be treated as trade secret information as detailed therein. <br /> <br />Sec. 707.23. Location of Facilities. <br /> <br />Subd. 1. Undergrounding. To the extent not inconsistent with applicable law or regulation, <br />or unless otherwise permitted by an existing franchise or Minn. Stat. §216B.34, or unless <br />existing above-ground facilities are repaired or replaced, new construction and the installation <br />of new facilities and replacement of old underground facilities shall be done underground or <br />contained within buildings or other structures in conformity with applicable codes, if required <br />by the Director. <br /> <br />Subd. 2. Corridors. The Director may assign specific corridors within the right-of-way, or <br />any particular segment thereof as may be necessary, for each type of equipment that is or, <br />pursuant to current technology, the Director expects will someday be located within the right-of- <br />way. All excavation, obstruction, or other permits issued by the Director involving the <br />installation or replacement of facilities shall designate the proper corridor for the facilities at <br />Issue. <br /> <br />Any registrant who has facilities in the right-of-way in a position at variance with the corridors <br />established by the Director shall, no later than at the time of the next reconstruction or <br />excavation of the area where the facilities are located, move the facilities to the assigned position <br />within the right-of-way, unless this requirement is waived by the Director for good cause shown, <br />upon consideration of such factors as the remaining economic life of the facilities, public safety, <br />customer service needs and hardship to the registrant. <br /> <br />Subd. 3. Nuisance. One year after the passage of this Chapter, any facilities found in a right- <br />of-way that has not been registered shall be deemed to be a nuisance. The City may exercise <br />any remedies or rights it has at law or in equity, including, but not limited to, abating the <br />nuisance or taking possession of the facilities and restoring the right-of-way to a useable <br />condition. <br /> <br />Subd. 4. Limitation of Space. To protect health, safety, and welfare or when necessary to <br />protect the right-of-way and its current use, the Director shall have the power to prohibit or limit <br />the placement of new or additional facilities within the right-of-way. In making such decisions, <br />the Director shall strive to the extent possible to accommodate all existing and potential users <br />of the right-of-way, but shall be guided primarily by considerations of the public interest, the <br />public's needs for the particular utility service, the condition of the right-of-way, the time of <br />year with respect to essential utilities, the protection of existing facilities in the right-of-way, and <br />future City plans for public improvements and development projects which have been determined <br />to be in the public interest. <br /> <br />16 <br />