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The undergrounding of cable is encouraged. In any event, cables shall be installed underground at the Grantee's cost where utilities are already underground, or where required by law. Previously installed aerial cable shall be undergrounded and relocated in concern with other utilities, when such other utilities may convert from aerial to underground construction.
('65 Code, § 35B-6(g)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
A. In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give the Grantee at least five (5) working days notice of the particular date on which open trenching will be available for the Grantee's installation of conduit, pedestals and/or vaults to be provided at the Grantee's expense. The Grantee shall also provide specifications as needed for trenching. Whether or not the Grantee receives timely notice, as provided above, it shall be the Grantee's responsibility to underground its cables and to provide service in new developments.
B. Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that if the Grantee fails to install its conduit, pedestals and/or vaults within five (5) working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the five (5) working days of the date of the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the five (5) day period, the cost of new trenching is to be borne by the Grantee.
('65 Code, § 35B-6(h)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
In cases of multiple dwelling units serviced by aerial utilities, the Grantee shall make every effort to minimize the number of individual aerial drop cables giving preference to undergrounding of multiple drop cables between the pole and the dwelling unit.
('65 Code, § 35B-6(i)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
A. The Grantee shall utilize existing poles, conduits and other facilities whenever possible and economically feasible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities on public property until the written approval of the Grantor is obtained.
B. The Grantee shall notify the Grantor at least ten (10) days prior to the intention of the Grantee to commence any construction in any streets. The Grantor shall cooperate with the Grantee in granting any permits required, providing such grant and subsequent construction by the Grantee shall not unduly interfere with the use of such streets and proposed construction shall be done in accordance with the pertinent provisions of the ordinances of the Grantor.
C. All transmission lines, equipment and structure shall be so installed and located as to cause minimum interference with the rights and reasonable convenience of property owners and at all times, shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair. The Grantee shall, at all times, employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any public way by the Grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.
D. The Grantee shall, at its own expense, and in a manner approved by the Grantor, restore to the Grantor's reasonable standards and specifications any damage or disturbance caused to the public way as a result of its operations or construction on its behalf.
E. Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the Grantor to remove any of the Grantee's facilities, no charge shall be made by the Grantee against the Grantor for restoration and repair, except for any damage caused by the negligence of the Grantor in such removal.
F. Grantee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the Grantor.
G. Upon receipt of thirty (30) days written notice, the Grantee at its expense shall protect, support, temporarily disconnect, relocate, or remove any property of the Grantee when, in the opinion of the Grantor the same is required by reason of traffic conditions, public safety, street vacation, freeway or street grade, separation or realignment, installation of sewers, drains, waterpipes, power line, signal line, transportation facilities, tracks, or any other types of structures or improvements by governmental agencies whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including but not limited to movement of buildings, redevelopment, or any general program under which the Grantor shall undertake to cause any such properties to be located beneath the surface of the ground. Nothing hereunder shall be deemed a taking of the property of the Grantee.
H. After receipt of thirty (30) days written notice, upon failure of the Grantee to commence, pursue or complete any work required by law or by the provisions of this Chapter to be done in any street, within the time prescribed and to the satisfaction of the Grantor, the Grantor may, at its option, cause such work to be done and the Grantee shall pay to the Grantor the cost thereof in the itemized amounts reported by the Grantor to the Grantee within thirty (30) days after receipt of such itemized report. Except as to the payment by the Franchisee to the City of such itemized amounts, the City shall indemnify and hold the Franchisee harmless from and against any and all claims, liabilities, losses, damages and expenses arising from or related to any gross negligence in the performance by the City of such work.
I. The Grantee shall make no paving cuts or curb cuts unless written permission has been given by the Grantor.
J. Grantor reserves the right to require conduit for underground cable in special areas.
('65 Code, § 35B-6(j)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
A. Construction standards.
1. Grantor codes and permits. Grantee shall comply with all applicable Grantor construction codes and permits procedures, which may include payment of applicable permit and inspection fees.
2. Compliance with safety codes. All construction practices shall be in accordance with all applicable sections of Federal and State Occupational and Safety and Health Acts and any amendments thereto as well as all State and local codes where applicable.
3. Compliance with electrical codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of all applicable State and local codes.
4. Antennas and towers. Antenna supporting structures (towers) shall be designed for the proper loading as specified in Electronics Industry Association's R.S. 222-A specifications, and provisions of the Uniform Building Code, as modified.
5. Compliance with aviation requirements. Antenna support structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable State or local codes and regulations.
6. Construction standards and requirements. All of the Grantee's plant and equipment, including but not limited to, the antenna site, headend 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, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere in any manner with the rights of any property owner, or to hinder or obstruct pedestrian or vehicular traffic.
7. Safety, nuisance, requirements. The Grantee shall at all times employ professional care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
B. Technical standards. The Cable Communications System shall meet all technical and performance standards contained in the Franchise Agreement.
('65 Code, § 35B-6(k)(1),(2))) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
A. Test and compliance procedure. The Grantee shall submit, within sixty (60) days after the effective date of the Franchise Agreement, a detailed test plan describing the methods and schedules for testing the Cable Communications System on an ongoing basis to determine compliance with the FCC requirements and/or guidelines, and provisions of the Franchise Agreement. System tests shall be performed at intervals no greater than twelve (12) months.
B. Special tests. At any time after commencement of service to subscribers the Grantor may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's terminal. Requests for such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests shall be limited to the particular matter in controversy. The Grantor shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to the Grantee or to the subscriber.
C. Costs of tests. The cost of all tests required by Subsections A. and B. above, and retesting as necessary, shall be borne by the Grantee.
('65 Code, § 35B-6(k)(3)—(5)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
A. Interconnection. The Grantor may request the Grantee to interconnect public usage channels of the Cable Communications System with any or all other cable systems in adjacent areas. Interconnection of systems shall permit interactive transmission and reception of program material, and may be done by direct cable connection, microwave link, satellite, or other appropriate method.
B. Interconnection procedure. Upon receiving the request of the Grantor to interconnect, the Grantee shall immediately initiate negotiations with the other affected system or systems, and shall report to the Grantor the results of such negotiation no later than sixty (60) days after initiation.
C. Relief. The Grantee may be granted reasonable extensions of time to interconnect or the Grantor may rescind its request to interconnect upon petition by the Grantee to the Grantor, if the Grantor finds that the Grantee has negotiated in good faith and has failed to obtain an approval from the system or systems of the proposed interconnection, or that the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates.
D. Cooperation required. The Grantee shall cooperate with any interconnection corporation, regional interconnection authority or City, County, State or Federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the franchise area.
E. Initial technical requirements to assure future interconnection capability.
1. Every Grantee receiving a franchise to operate a Cable Communications System within the franchise area shall use the same frequency allocations for commonly provided television signals so far as is technically and economically feasible.
2. The Grantee shall make a reasonable effort to provide local origination and access equipment that is compatible throughout the area served by the cable system.
('65 Code, § 35B-6(k)(6)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
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