(A) All of the franchisee's plant and equipment, including but not limited to, the antenna site, head end, and distribution system towers, house connections, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired and maintained and operated in accordance with good engineering practices, performed by experienced pole line construction crews and so as not to endanger or interfere with the safety of any persons or property or to interfere with improvements the municipality may deem proper to make, or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic on municipal properties.
(B) All of the franchisee's system, including all plant and equipment and all construction shall meet all relevant Federal Communications Commission's specifications applicable to cable television, as well as all state, federal, and municipal laws, ordinances, and statutes applicable to cable television.
(1) Methods of construction, installation, and maintenance of the city's cable television system shall comply with the National Electrical Safety Code, National Bureau of Standards Handbook 81 (part 2), National Bureau of Standards, United States Department of Commerce, November 1,1961, or any update thereof, to the extent that such Code is consistent with local law affecting the construction, installation, maintenance of electric supply and communications lines. To the extent that such Code is inconsistent with other provisions of this franchise or with local law, the latter shall govern.
(2) Any tower constructed for use in the city's cable television system shall comply with the standards contained in Structure Standards for Steel Antenna Towers and Antenna Supporting Structures, FIA Standards RS-222-A as published by the Engineering Department of the Electronic Industries Association, 2001 E. Street, N.W., Washington, D.C. 20006.
(3) Installation and physical dimensions of any tower constructed for use in the city's cable television system shall comply with all appropriate Federal Aviation Agency regulations, including, but not limited to, Objectives Affecting Navigable Airspace, 14 C.R.R. 77.1 et seq., February, 1965.
(4) Any antenna structure used in the city's cable television system shall comply with Construction, Marketing and Lighting of Antenna Structure, 47 C.F.R. 17.1 et seq., September, 1967.
(5) All working facilities and conditions used during construction, installation and maintenance of the city's cable television system shall comply with the standards of the Occupational Safety and Health Administration, both State and Federal.
(6) Each cable distribution system in the public streets shall comply with all applicable laws and ordinances and governmental regulations regarding clearance above ground.
(7) Each cable distribution system required to go in or under the public rights-of-way including, without limitation, streets, sidewalks, alleys and easements, shall comply with all applicable laws, ordinances and governmental regulations.
(8) The franchisee shall conduct on-site signal survey to determine optimum selection of tower and antenna locations and shall provide the results and information therefrom to the city.
(9) The franchisee shall comply fully with the rules and regulations contained and promulgated within this ordinance. Where conflict occurs between the provisions herein contained and those of Federal Communications Commission, the Federal Communications Commission's rules and regulations shall apply to said franchisee.
(10) The cable system shall meet all performance criteria contained in the Rules and Regulations of the Federal Communications Commission: Subpart K, Technical Standards; Section 76.605.
(11) Where there have been similar complaints made, or where there exists other evidence, which in the judgment of the city, casts doubt on the reliability or quality of cable service, the city shall have the right and authority to compel the franchisee to test, analyze and report on the performance of the system. Such test or tests shall be made, and the reports of such test or tests shall be delivered to the city no later than 30 days after the city formally notifies the franchisee. The city's right under this provision shall be limited to requiring tests, analyses, and reports covering specific subjects and characteristics based on said complaints or other evidence when and under such circumstances as the city has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard cable service. Said tests and analyses shall be supervised by a registered professional engineer, not on the permanent staff of the franchisee, and selected jointly by the city and the franchisee. The aforesaid engineer shall sign all records of special tests and forward to the city such records with a report interpreting the results of the test and recommending actions to be taken by the city.
(12) Should any of the following occur, the franchisee must notify the city with particulars:
(a) Addition to, deletion of, or change in received channel;
(b) Addition to, deletion of, or change in distributed channel or in channel conversion;
(c) Change in location of head end or antenna sites;
(d) Addition to or change in location of centers for origination of programs, and the installation of bi-directional facilities or additional lines to make connection to the head end;
(e) Interconnection with other cable systems.
(13) The signal to echo ration of the transportation system for locally receivable signals should be at least 40 dB for echo(es) that are displaced by one microsecond or more. In the event that a system maintaining the aforesaid picture quality standard is not feasible, a full explanation for the reason for the failure to meet the aforesaid standards must be filed with the franchisee's bid application and also filed again with the Authority to the date of commencing construction. The aforesaid explanation must also give alternatives that the franchisee shall propose in order to insure that his proposed system will not permit echoes, ghosting, double images or similar signal problems. Written approval of the city must be received in order for the franchisee to construct a system which does not maintain a signal to echo(es) ratio for locally receivable signals at 40 dB for echo(es) that are displaced by one microsecond or more.
(C) Any opening or obstructions in or disturbances of the streets, public ways, or other municipal properties made by the franchisee in the exercise of its rights under a franchise agreement shall be done in compliance with all applicable ordinances of the city and shall be approved in advance by the City Engineer. Further, the city shall require the franchisee to install all the cable system underground in the city where other public utilities have been or will be installed underground; provided such underground installation shall not be required prior to the time utilities go underground.
(D) The franchisee shall upon 15 days prior written notice at its expense, protect, support, temporarily disconnect, relocate in the same street or other public or municipal property any property of the franchisee when required by the Authority or the Mayor, or his designee by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment or street grade, installation of sewers, drains or water pipes, power lines, signal lines or tracks or any other types of structures or improvements by public agencies.
(E) The franchisee shall, on request of any private party holding an appropriate permit issued by the city, temporarily raise or lower its lines to permit the moving of vehicles, building or other structure, and the actual expense of same shall be paid, in advance, by the party requesting the same.
(F) Upon failure of the franchisee to commence, pursue or complete any work required by law or by the provisions of this franchise to be done in any street or other public place or municipal property, within the time prescribed, and to the satisfaction of the Authority or the Mayor or his designee, the city may, at its option, cause such work to be done and the franchisee shall pay the city the cost thereof in the itemized amount reported by the city to the franchisee, within thirty days after receipt of such itemized report.
(G) Prior to the franchisee's commencing to attach wire, cable, coaxial cable, or other fixtures and appurtenances to poles or towers located within the city, it shall execute license agreements or pole attachments with the appropriate utility and each such license agreement for pole attachments must provide a hold harmless and indemnity clause to the city.
(H) All installation of equipment shall be of a permanent nature, durable, and installed in accordance with good engineering practice. The company's service drops shall be installed in a neat and workmanlike manner including the house attachments so as to preserve the best overall appearance of power, telephone and TV drops through the air and attached to the buildings. TV service drops are to be installed where practicable from the cable away from a pole so as to preserve climbing space on the pole.
(I) In the event a customer discontinues community antenna television service and requests removal of the company's service drop, such removal shall be accomplished in a neat and workmanlike manner at the company's expense.
(J) The company shall grant to the city, free of expense, joint use of any and all poles owned by it for any proper municipal purpose acceptable to the company, insofar as it may be done without interfering with the free use and enjoyment of the company's own wires and fixtures, and the city shall hold the company harmless from all and any actions, causes of action, or damage caused by replacing of the city's wires or appurtenances upon poles of the company. Proper regard shall be given to all existing safety rules gathering construction and maintenance in effect at the time of construction.
(Ord. 3-1993, passed 4-19-93)