(A) Conditions of street occupancy. All transmission and distribution structures, poles, other lines, and equipment installed or erected by grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of public ways and with the rights and reasonable convenience of property owners who own property that adjoins any of such public ways.
(3.1)
(B) Restoration of public ways. If, during the course of grantee’s construction, operation, or maintenance of the cable system, there occurs a disturbance of any public way by grantee, it shall, at its expense, replace and restore such public way to a condition reasonably comparable to the condition of the public way existing immediately prior to such disturbance.
(3.2)
(C) Relocation at request of franchising authority. Upon its receipt of reasonable advance notice, not to be less than 30 days, grantee shall, at its own expense, protect, support, temporarily disconnect, relocate in the public way, or remove from the public way, any property of grantee when lawfully required by franchising authority by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other type of structures or improvements by franchising authority; but, grantee shall in all cases have the right of abandonment of its property. If public funds are available to any company using such street, easement, or right-of-way for the purpose of defraying the cost of any of the foregoing, such funds shall also be made available to grantee.
(3.3)
(D) Relocation at request of third party. Grantee shall, on the request of any person holding a building moving permit issued by franchising authority, temporarily raise or lower its wires to permit the moving of such building, provided:
(1) The expense of such temporary raising or lowering of wires is paid by such person, including, if required by grantee, making such payment in advance; and
(2) Grantee is given not fewer than ten business days’ advance written notice to arrange for such temporary wire changes.
(3.4)
(E) Trimming of trees and shrubbery. Grantee shall have the authority to trim trees or other natural growth overhanging any of its cable system in the service area so as to prevent branches from coming in contact with grantee’s wires, cables, or other equipment. Grantee shall be permitted to charge persons who own or are responsible for such trees or natural growth for the cost of such trimming, provided that similar charges are assessed by and paid to the utilities of franchising authority for tree trimming. Grantee shall reasonably compensate franchising authority or property owner for any damages caused by such trimming, or shall, in its sole discretion and at its own cost and expense, reasonably replace all trees or shrubs damaged as a result of any construction of the system undertaken by grantee. Such replacement shall satisfy any and all obligations grantee may have to franchising authority or property owner pursuant to the terms of this section.
(3.5)
(F) Safety requirements. Construction, installation, and maintenance of the cable system shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with applicable FCC or other federal, state, and local regulations. The cable system shall not unreasonably endanger or interfere with the safety of persons or property in the service area.
(3.6)
(G) Aerial and underground construction. In those areas of the service area where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, grantee likewise shall construct, operate, and maintain all of its transmission and distribution facilities underground; provided, that such facilities are actually capable of receiving grantee’s cable and other equipment without technical degradation of the cable system’s signal quality. In those areas of the service area where the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are both aerial and underground, grantee shall have the sole discretion to construct, operate, and maintain all of its transmission and distribution facilities or any part thereof, aerially or underground. Nothing contained in this subsection (G) shall require grantee to construct, operate, and maintain underground any ground-mounted appurtenances such as subscriber taps, line extenders, system passive devices (splitters, directional couplers), amplifiers, power supplies, pedestals, or other related equipment. Notwithstanding anything to the contrary contained in this subsection (G), in the event that all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are placed underground after the effective date of this ordinance, grantee shall only be required to construct, operate, and maintain all of its transmission and distribution facilities underground if it is given reasonable notice and access to the public utilities’ facilities at the time that such are placed underground.
(3.7)
(H) Required extensions of service. The cable system, as constructed as of the date of the passage and final adoption of this ordinance, substantially complies with the material provisions hereof. Grantee is hereby authorized to extend the cable system as necessary, as desirable, or as required pursuant to the terms hereof within the service area. Whenever grantee shall receive a request for service from at least 15 subscribers within 1,320 cable-bearing strand feet (one-quarter cable mile) of its trunk or distribution cable, it shall extend its cable system to such subscribers at no cost to such subscribers for system extension, other than the usual connection fees for all subscribers; provided, that such extension is technically feasible, and if it will not adversely affect the operation, financial condition, or market development of the cable system, or as provided for under subsection (I) below.
(3.8)
(I) Subscriber charges for extensions of service. No subscriber shall be refused service arbitrarily. However, for unusual circumstances, such as a subscriber’s request to locate his or her cable drop underground, existence of more than 150 feet of distance from distribution cable to connection of service to subscribers, or a density of fewer than 15 subscribers per 1,320 cable-bearing strand feet of trunk or distribution cable, cable service or other service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor, and easements. Potential subscribers shall bear the costs of the construction and other costs on a pro rata basis. Grantee may require payment in advance of the capital contribution in aid of construction borne by such potential subscribers.
(3.9)
(Prior Code, Appendix C, Article III, § 3) (Ord. 2010-28, passed 9-7-2010)