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wireless facilitv shall not obstruct light emanating from street lighting infrastructure used for collocation: and (vi) permittee shall be solelv responsible for to maintain the small wireless facilitv in good and safe condition, and shall annuallv inspect mounting brackets to ensure thev are securelv attached to citv infrastructure and not causing damage or premature depreciation of the asset 14.-E.Bv accepting a permit, telecommunications right-of-wav user agrees on behalf of itself and its affiliates, successors and assigns that it will not provide video programming (including, but not limited to, programming delivered using internet protocol) over its facilities located within the rights-of-wav to subscribers within the Citv without first obtaining a cable franchise or an open video system franchise from the Citv. (Ord. 1333,03-13-2006) 707.11: PERNHT FEES: A. Excavation Permit Fee: The excavation permit fee as established by the City Fee Schedule in Section 314.05, is an amount sufficient to recover the following costs: 1. The City cost; 2. Degradation cost, if applicable. B. Obstruction Permit Fee: The obstruction permit fee shall be established by the City Council and shall be in an amount sufficient to recover the City cost. C. Payment of Permit Fees: No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction fees. The City may allow the applicant to pay such fees within30 days of billing. D. Nonrefundable: Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 707.21 of this Chapter are not refundable. (Ord. 1209, 8- 24-1998) 707.12: RIGHT-OF-WAY REPAIR AND RESTORATION: A. Timing: The work to be done under the excavation permit, and the patching and restoration of the right of way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permittee, as determined by the Director, or when work was prohibited as unseasonal or unreasonable under Section 707.15 of this Chapter. B. Patch and Restoration: Permittee shall patch its own work. The City may choose either to have the permittee restore the right of way or to restore the right of way itself. 1. City Restoration: If the City restores the right-of-way, permittee shall pay the costs thereof within 30 days of billing. If, during the 36 months following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within 30 days of billing, all costs associated with having to correct the defective work. 2. Permittee Restoration: If the permittee restores the right of way itself, it shall at the time of application for an excavation permit, if the Director determines additional security is necessary, post an additional performance and restoration bond in an amount determined by the Director to be sufficient to cover the cost of restoration. If, 36 months after completion of the restoration of the right of way, the Director determines that the right of way has been properly restored, the surety on the performance and restoration bond posted pursuant to this subsection shall be released. C. Standards: The permittee shall perform patching and restoration according to the standards and with the materials specified by the Director. The Director shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. The Director in exercising this authority shall be guided by the following considerations: