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<br />(b) Permissive Denial. The Director may deny a Permit in order to protect the public <br />health, safety and welfare, to prevenfinterference with the safety and convenience of ordinary <br />travel over the Right-of-Way, or when necessary to protect the Right-of-Way and its users. The <br />Director, in her is his discretion, may consider one or more of the following factors: <br /> <br />(1) the extent to which Right-of-Way space where the Permit is sought is <br />available; <br /> <br />(2) the competing demands for the particular space in the Right-of-Way; <br /> <br />(3) the availability of other locations in the Right-of-Way or in other Rights- <br />of-Way for the Equipment of the Permit Applicant; <br /> <br />(4) the applicability of ordinance or other regulations of the Right -of-Way that <br />affect location of Equipment in the Right-of-Way; <br /> <br />(5) the degree of compliance of the Applicant with the terms and conditions of <br />its franchise, Chapters 1 and 2 and other applicable ordinances and <br />regulations; <br /> <br />(6) the degree of disruption to surrounding communities and businesses that <br />will result from the use of that part of the Right-of-Way; <br /> <br />(7) the condition and age ofthe Right-of-Way, and whether and when it is <br />scheduled for total or partial reconstruction; <br /> <br />(8) and the balancing of the costs of disruption to the public and damage to <br />the Right-of-Way, against the benefits to that part of the public served by <br />the expansion into additional parts of the Right-of-Way. <br /> <br />(c) Discretionary Issuance. Notwithstanding the provisions of Sees. 2.11 (a)(3) and <br />2.11 (a)( 4), the Director may issue an .Permit in any case where the Permit is necessary (a) to <br />prevent substantial economic hardship to a customer of the Permit Applicant, or (b) to allow such <br />customer to materially improve its Utility Service, or (c) to allow a new economic development <br />project; and where the Permit Applicant did not have knowledge of the hardship, the plans for <br />improvement of Service, or the development project when said Applicant was required to submit <br />its list of Next-year Projects. <br /> <br />(d) Permits for Additional Next-year Projects. Notwithstanding the provisions of <br />Section 2.11 (a )(3) above, the Director may issue a Permit to a Registrant who was allowed under <br />Section 1.07( c) to submit an additional Next-year Project, such Permit to be subject to all other <br />conditions and requirements oflaw, including such conditions as may be imposed under <br />Section 2.05. <br /> <br />23 <br /> <br />17 <br />