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Whenever a cable operator disturbs the yard, residence or other real or personal property of a subscriber, the cable operator shall ensure that the subscriber’s property is returned, replaced and/or restored to a substantially similar condition as that in existence prior to the disturbance by the cable operator. The costs associated with both the disturbance and the return, replacement and/or restoration shall be borne by the cable operator. The requirements imposed upon the cable operator extend to any subcontractor or independent contractor employed by the cable operator. Nothing contained here prevents the cable operator from charging the customer to relocate cable wiring or above ground devices at the customer’s request.
(Prior Code, § 110.073) (Ord. 13-08, passed 6-3-2013)
The cable operator shall expeditiously carry out all of its operations during the course of any construction, operation or maintenance operations of public or private property. The cable operator shall protect or support public or private property to prevent damage caused by construction, installation, maintenance or operation of its cable system. If the cable operator fails to protect such property, the city may do so, and the operator shall directly compensate the city for all reasonable expenses incurred thereby. In the event that it has damaged property, the cable operator, without undue delay, and at its own expense, shall restore, repair or replace public or private property to as good condition as existing prior to the disturbance, or compensate property owners for damage caused by related actions. Restoration, repair or replacement of public ways shall be completed within at least ten business days, and restoration, repair or replacement of private property, with the exception of franchisee’s private property not used in the construction, operation or maintenance of the cable system, shall be completed within at least 30 calendar days, except in those cases where the restoration, by its nature, cannot be completed in that period even with the exercise of due diligence and the city has authorized an extension of the restoration period. The cable operator shall take all proper steps to ensure that any resurfacing or reconstruction of public ways rests upon a property filled and tamped foundation. The city may elect to repair or replace public property so damaged, such as sewage lines and request reimbursement for the reasonable expenses associated with the repair or replacement. Subject to the foregoing, the cable operator may trim trees and other vegetation from public ways, at its own expense and subject, at the city’s option, to the city’s supervision. The cable operator shall notify any person whose property is damaged by its actions or operations within 24 hours of the time the damage is discovered. At a minimum, this section requires the cable operator to place a prominent notice in a prominent place on the damaged property or make other diligent efforts to directly contact the property owner or resident.
(Prior Code, § 110.074) (Ord. 13-08, passed 6-3-2013)
(A) Technical codes. Methods of operation, construction, installation, maintenance, repair, replacement, removal or restoration of any cable system or part thereof shall comply with the then most current editions of technical codes adopted by the city, the state or the United States, which are customary to the cable television industry. The codes referred to specifically include but are not limited to the National Electrical Safety Code, the National Electric Code and all locally adopted construction, fire, safety and zoning codes. To the extent that these are inconsistent with other provisions of a franchise, or state, or local law, then the more stringent shall govern in order to protect the public health, safety and welfare.
(B) City approval of construction plans. The cable operator shall obtain all applicable permits.
(C) Requirements to use existing poles. Where utility poles already exist for use in serving the city and are available for utilization but the cable operator does not make arrangements for such use, the city may require the cable operator to utilize such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the cable operator are just and reasonable.
(D) Use of streets and public ways. All wires, conduits, cable coaxial, fiber or functional equivalent and other property and facilities of a cable operator shall be located, installed and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and travel upon the city streets, rights-of-way, easements and public ways.
(1) If a cable operator’s system creates a hazardous or unsafe condition or an unreasonable interference with property, then the cable operator shall, at its own expense, voluntarily, or upon request of the city, remove or move, as appropriate, the part of the system that creates the hazardous condition.
(2) A cable operator shall not place equipment where it will unreasonably interfere with the rights of property owners or with other public utility services or any other service facility that benefits the city or its residents’ health, safety or welfare.
(3) A cable operator shall, at its expense, protect rights-of-way, easements and support or temporarily disconnect or relocate in the same street or other public way, any property of the cable operator when necessitated by reason of: Traffic conditions; public safety; street closing; street construction or resurfacing; change or establishment of a street grade; installations of other city utility services; or any improvement, construction or repair related to health, safety or welfare.
(4) A cable operator shall, at the request of any person holding a building moving permit, temporarily remove, raise or lower the cable wires to allow the moving of the building. The expense of temporary removal shall be paid by the person requesting it. The cable operator may require payment in advance. The affected cable operator shall be given not less than 15 days’ notice of a contemplated move to arrange for temporary wire changes.
(5) The city shall have the right to make additional use, for any municipal public purpose, of any poles or conduits owned by the cable operator in any street or right of way, provided the use by the city does not unreasonably interfere with the cable operator’s use. The rent paid by the city for its attachments to the cable company’s poles will be subject to the same rental payment as the cable operator is required to pay to the city for its poles, on a per pole basis. The city agrees to indemnify, defend and hold harmless the cable operator from any claims resulting from its related installation and usage.
(6) The cable operator’s system shall be designed, engineered and maintained so as not to interfere with the telecommunications reception of residents of the city who are not system subscribers.
(7) In those areas of the city where transmission or distribution of both telephone and power companies are underground or are later placed underground, a cable operator’s feeder and drop cables shall also be placed underground.
(Prior Code, § 110.075) (Ord. 13-08, passed 6-3-2013)
(A) The cable operator shall at all times keep at an office locally maintained by the franchisee full and complete plans and records showing the exact location of all broadband cable television system equipment installed or in use in the streets or public easements in the city.
(B) Upon seven days’ notice, the cable operator shall furnish the city complete maps upon request, compatible with widely available geographic information systems, showing the location of the cable television system equipment installed and in place in streets and in other public property locations throughout the city. Such maps shall be annually updated.
(Prior Code, § 110.076) (Ord. 13-08, passed 6-3-2013)
The city shall maintain as confidential any information provided to it by a cable operator under the terms of the franchise which a cable operator has designated as confidential. In the event that city believes at any time that it is required by law to disclose such information to a third party, city will so notify a cable operator at a time prior to any such disclosure that affords a cable operator a reasonable opportunity to take such action as it deems necessary to prevent such disclosure, including seeking relief in court.
(Prior Code, § 110.077) (Ord. 13-08, passed 6-3-2013)
The field of cable communications is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of this chapter. Therefore, in order to provide for a maximum degree of flexibility in the chapter and to help achieve a continued advanced and modern cable system, the following evaluation provisions will apply.
(A) The city may require, at its sole discretion, sessions evaluating a cable operator’s performance under the terms of its franchise at any time during the term of a franchise period provided, however, there shall not be more than one evaluation session during any five calendar year period, not to begin until three years after the entering into of a franchise agreement.
(B) Topics which may be discussed at any evaluation and renegotiation session include, but are not limited to, state of the art, regulated rates, channel capacity, the cable system performance, access, municipal uses of cable, subscriber complaints, judicial rulings, FCC rulings and any other topics the city or franchised operator deem relevant.
(C) (1) During an evaluation session, the franchised operator shall fully cooperate with the city and shall provide the reports required herein to enable the city to perform the evaluation without cost to city.
(2) To the extent such information or documents contain confidential information, such confidential information may not be disclosed.
(D) (1) If at any time during its evaluation the city determines that reasonable evidence exists of system performance which fails to meet the requirements of this chapter, the city may require franchised operator to perform tests and analysis directed toward such suspected inadequacies.
(2) Franchised operators shall fully cooperate with the city in performing such testing and, in any report prepared, the franchised operator shall include at least:
(a) A description of the problem in the cable system performance which precipitated the special tests;
(b) The cable system component tested;
(c) The method, if any, by which the cable system performance problem was resolved; and
(d) 1. Any other information pertinent to said tests and analysis which may be required by the city or determined when the test is performed.
2. If, after receiving franchised operator’s report, the city determines that reasonable evidence still exists of inadequate cable performance, the city may enlist an independent engineer to perform tests and analysis directed toward such suspected failures to meet the requirements of this franchise. Franchised operators shall cooperate and permit said testing.
(3) If it is determined as a result of the tests that franchised operator is not in compliance with the requirements of the franchise, the franchised operator shall bear the costs of the test. If it is determined that the franchised operator is in compliance, the city shall bear the costs.
(E) As a result of an evaluation and renegotiating session, the city and franchised operator may determine that a change in the terms of the chapter should be required to meet the needs of the community, as determined by the Council, that the cable system or chapter requirements should be updated, changed or revised, or that additional services should be provided and that to provide same would be economically feasible. Based on this review and upon adoption of such a change or new requirement through a mutually acceptable amendment, the change will become effective.
(Prior Code, § 110.078) (Ord. 13-08, passed 6-3-2013)
A cable operator shall extend cable service to any area within the city that has a density of 30 homes per mile, or fractional equivalent, as measured from the nearest technically feasible point of connection to the system. A newly installed subscriber shall not be assessed or apportioned the cost for installation, except for the usual and normal connection fees paid by subscribers, as long as the system expansion is technically and economically feasible.
(Prior Code, § 110.079) (Ord. 13-08, passed 6-3-2013)
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