(A) System design.
(1) The grantee shall provide a system serviced by a headend in the City of Roseville feeding a single-cable subscriber network and a separate mid-split institutional network. Both networks shall utilize 400 MHz equipment, fully activated for two-way transmission.
(2) The extension from the headend in Roseville shall utilize fiber optic technology, construction of which shall be commenced on or before June 1, 1991, and completed no later than November 1, 1992.
(3) The headend used to service city shall be constructed, operated and maintained with the following equipment:
(a) Scientific-Atlantic Model 6650 Video Receivers;
(b) Scientific-Atlantic Model 6350 Modulators;
(c) Scientific-Atlantic Model 6150 and 6150PL Signal Processors;
(d) ONAN Standby/Emergency Generator.
(4) On or before November 1, 2001, the grantee shall have completed the refurbishing of the cable trunk distribution system to the best available technology which is economically and technically feasible at the time of the commencement of construction. On or after January 1, 1996, the city may require grantee to provide a preliminary report on the best available technology which is economically and technically feasible which grantee may use to refurbish the cable distribution system in the future. On or after January 1, 1998, the city may require the grantee to provide a report of the best available technology which is economically and technically feasible which grantee intends to use to refurbish the cable trunk distribution system within the city.
(B) Institutional network.
(1) The grantee shall design and construct the system so that at least the following locations may originate and transmit video, audio and data signals on any subscriber or institutional network: the fire and police station, the Columbia Heights Public Library, the Fire Department training classroom, all public and private elementary and secondary school buildings, the Department of Public Works, the Columbia Heights City Hall, Parkview Villa, Murzyn Hall, Huset Park Bandshell, high school stadium, Columbia Heights Municipal Service Center, municipal liquor stores within the city, Columbia Heights' city park activity centers, community centers and other locations as may be designated by the city. Grantee further agrees to include North Park Elementary School in the institutional network at such time as allowed by law.
(2) All locations mentioned shall each receive a modulator at no cost, except that the municipal liquor bar and park activity centers shall share the use of two modulators.
(3) Grantee shall provide a separate 16-mile institutional network, with 38 activated downstream channels and 16 activated upstream channels for use by city government, schools, and other local Columbia Heights institutions and businesses. Locations of the institutional network facilities are shown on “Institutional Network Facilities Locations” listing which is attached to Ordinance 982 as Exhibit A and incorporated by reference.
(4) The grantee shall, at its own expense, be responsible for maintaining, repairing, replacing, and adjusting the institutional network and all necessary equipment including, but not limited to modulators and processors.
(5) The grantee shall extend the institutional network to institutions or users not described above upon request of that institution or user and the payment of the necessary construction cost. Necessary construction cost is defined as including plant make ready and all labor and material costs necessary to construct and activate that part of the institutional network commencing at the nearest useable point of existing plant and running to the user. Construction shall be completed and service made available to the requesting institution or user within 60 days of the institution's or user's payment of the necessary construction cost, unless the parties otherwise agree on a different schedule.
(C) Signals via satellite. The grantee shall provide satellite earth terminals for the purpose of receiving signals from at least three communications satellites.
(D) Interconnection. The grantee shall extend its facilities to the city's boundaries to interconnect its system by microwave or cable with any other cable systems operating in an area adjacent to the city without charge to the city or any subscriber or user. The interconnection shall be accomplished according to the methods and technical standards approved by the Board.
(E) System construction schedule.
(1) (a) The grantee shall apply for all necessary governmental permits, licenses, certificates and authorizations within 90 days of granting of the franchise. The grantee shall complete construction and installation of the system so as to offer basic and additional subscriber services to all residents, institutions, and commercial establishments within 12 months following the grantee's receipt of the certificate of confirmation from the Board.
(b) The grantee's obligation to construct and install the system according to this schedule shall not be affected should litigation be brought against grantee or city by a third party.
(2) The grantee shall design, construct and maintain the system meeting the standards and practices promulgated by the Federal Communications Commission (FCC Rules Part 76, Subpart K) which are incorporated by reference or those standards as set forth in Form I, pages 27a - 27h of grantee's proposal dated May 6, 1981.
(3) The grantee shall furnish the city with progress reports detailing construction progress, indicating its compliance with the construction schedule, and specifying the reasons for any delay therein.
(4) Approval of proposed construction. No construction, reconstructions or relocation of the system, or any part thereof, within the streets shall be commenced until written permits have been obtained from the proper city officials. In any permit so issued, such officials may impose any condition, restriction or regulation as is necessary for the purpose of protecting any structures in the streets and for the proper restoration of such streets and structures, and for the protection of the public and the continuity of pedestrian and vehicular traffic. The grantee shall give the city written notice of proposed construction at least ten days prior to construction. Should grantee fail to comply with this section, grantee shall be assessed the sum of $200 as liquidated damages for each day of construction undertaken by grantee in violation of this section.
(5) Proof of performance. The system shall conform to the specifications for initial proof of performance tests and ongoing performance tests, test equipment, methods and frequency of test equipment calibration, forms and method of recording field data and permanent record keeping as set forth in Form I, pages 29a - 29d, and Annual Proof of Performance Tests Manual appended to Form I of grantee's proposal, dated May 6, 1981.
(6) The grantee shall furnish the city with progress reports indicating in detail the progress in, and the areas of, construction of the system. The reports shall be furnished at monthly intervals, or as may be determined by the city. The first report shall be delivered to the city within one month from the date of execution of this chapter.
(F) Erection of poles. The grantee shall not erect any pole in the city without prior consent of the city and only as necessary to fill small gaps in the existing aerial utility system. The grantee shall lease pole space and facilities for all aerial construction.
(G) Installation of wires and cables. All cables and wires shall be installed parallel with existing telephone and electric wires. Multiple cable configurations shall be arranged in parallel and bundled, with due respect for safety and engineering considerations. All installations shall be underground in those areas of the city where public utilities providing either telephone or electric service are underground at the time of installations. In areas where both telephone and electric utility facilities are installed above ground, the grantee may place its services underground without additional charge.
(H) Trimming of trees. The grantee may, with prior consent of the city, trim trees upon and overhanging streets, alleys, sidewalks, and all other public places so as to prevent the branches of trees from coming in contact with the wires and cables of the grantee. All trimming shall be done under the supervision and direction of the city and at the expense of grantee.
(I) Construction codes.
(1) The grantee shall construct, install, operate, and maintain the system in strict compliance with all laws, ordinances, codes, rules and regulations affecting the system. The city reserves the right to enact any ordinance or issue any rule or regulation with respect to the operation, installation, maintenance, or construction of the system.
(2) The grantee shall construct, install, operate, and maintain the system and any facilities employed in connection therewith in strict compliance with the provisions of the National Electrical Safety Code as prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, the Bell Telephone System's Code of Pole Line Construction, any standards issued by the Federal Communications Commission or other federal or state regulatory agencies in relation thereto, the Occupational Health and Safety Act, State Building Code, and any other applicable codes.
(3) The grantee shall construct any tower in strict compliance with the standards contained in Structural Standards for Still Antenna Towers and Supporting Structures, EIA Standards RS-222-A, and any other applicable code. Further, any tower constructed by grantee shall conform to height requirements contained in the city ordinance.
(J) Unreasonable or hazardous interference.
(1) The grantee shall not install or construct any part of its system upon, over or under public and private property in such a manner as to cause either a hazardous or unsafe condition or an unreasonable interference with the use thereof by any person. In the event the grantee's system creates a hazardous or unsafe condition or an unreasonable interference with property, the grantee, at its own expense and upon request of the city, shall remove its system or any part thereof from the property in question. If the grantee fails to remove that part of the system creating a hazardous or unsafe condition or an unreasonable interference with property within ten days following written notice to remove by city, the city may remove same at grantee's expense. The cost of such removal by the city shall be recoverable from the letters of credit, bond, insurance, indemnity and liquidated damages provisions of this franchise.
(2) All wires, conduits, cables, and other property and facilities of the grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets and public places of the city. The grantee shall keep and maintain all of its property in good condition, order and repair, so that the same shall not menace or endanger the life or property of any person. The city shall have the right to inspect and examine at any reasonable time the property owned or used, in whole or in part, by the grantee. The grantee shall keep accurate maps and records of all of its facilities and furnish copies of such maps and records as requested by the city. Said maps shall indicate the location of all facilities of grantee within the city.
(K) Requests for removal or change. The grantee shall, on the request of any person holding a building permit, temporarily raise or lower its wires to permit the moving of the building. The grantee shall be given not less than ten working days notice of any move contemplated to arrange for temporary wire changes.
(L) Restoration of property and reimbursement.
(1) The grantee shall, upon completion of any work requiring the opening of any street or public place, restore the same, including the paving and its foundations, to as good a condition as formerly, and in a manner and quality approved by the city and shall exercise reasonable care to maintain the same thereafter in good condition. If the grantee shall fail to perform the work promptly, to remove all dirt and rubbish and to put the street or public place back in good condition, the city shall have the option of providing grantee written notice that grantee has ten days to place the street or public place in good condition. If grantee fails to do so within ten days the city shall have the right to put the street or public place back into good condition at the expense of the grantee, and the grantee shall, upon demand, pay to the city the cost of such work done or performed by the city, together with an additional sum as liquidated damages to be determined by the city.
(2) In the event of disturbance of any private property by the grantee, it shall, at its own expense and in a manner approved by the owner, replace and restore such private property in as good condition as before the work causing the disturbance was done. In the event the grantee fails to perform the replacement or restoration, the owner shall have the right to do so at the sole expense of the grantee. Payment by the grantee to the owner for replacement or restoration shall be immediate upon demand by the owner. All requests for replacement or restoring of private property as may have been disturbed must be in writing to the grantee. The grantee shall have ten days following receipt of such written notice to replace or restore the private property. Failure to do so within the ten day period shall be grounds for the owner of the property to restore or replace the property at grantee's expense. All subscriber cons tracts shall set forth the right of the subscriber to restore or replace private property disturbed by grantee following the ten day notice period.
(M) Emergency removal of plant.
(1) If, at any time, in case of fire or disaster in the city, it shall become necessary in the judgment of the city to cut or move any of the wires, cables, amplifiers, appliances, or appurtenances thereto of the grantee, such cutting or moving shall be done, and any repairs rendered necessary thereby shall be made by the grantee.
(2) Whenever the city shall undertake any public improvement which affects cable communications equipment, it shall, with due regard to reasonable working conditions, direct the grantee to remove or relocate its wires, conduits, cables and other property located in said street, right- of-way, or public place. The grantee shall relocate or protect its facility at its own expense. The city shall give the grantee reasonable notice of the undertaking of public improvements which affect the grantee's cable communications equipment.
(N) Protection of facilities. Nothing contained in this section shall relieve any person, company or corporation from liability arising out of the failure to exercise reasonable care to avoid injuring the grantee's facilities while performing any work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system.
(O) Emergency override.
(1) The grantee shall provide an audio and video emergency alert override system including the provision of equipment to the official or officials designated by city to activate the system. Grantee shall provide at no additional cost to subscriber an audio or visual alarm unit which will alert subscribers to an emergency situation whether or not the television set is turned on.
(2) Grantee shall work and cooperate on a continuing basis with city and its designees to ensure that the audio and video emergency alert override system is operating to the reasonable satisfaction of city.
(P) Standby power. The grantee shall provide equipment capable of providing standby power to the headend, earth station and studio for 48 hours following an outage of power. The grantee shall provide standby power for home terminals used in providing security service.
(Q) Two-way and interactive capability.
(1) The grantee shall design, construct and maintain the system with activated capacity to provide interactive communications.
(2) The grantee shall design, construct and maintain the system serving residential and institutional subscribers to accommodate interactive data communications. The total system transmission time shall be less than one-tenth of a second.
(3) The grantee shall initially activate the 5-30 MHz frequency spectrum of the subscriber network, and shall provide equipment at the headend and to subscribers to support the interactive services as described in § 11.123.
(R) Channel capacity. The grantee shall construct the subscriber network so that 58 downstream channels and the equivalent of four upstream channels are activated upon the effective date of this code.
('77 Code, § 11.105) (Am. Ord. 982, passed 11-9-81; Am. Ord. 1125, passed 5-27-86; Am. Ord. 1202, passed 6-25-90)