A. Conditions Of Street Occupancy: All transmission and distribution structures, poles, other lines and equipment installed or erected by the 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 said public ways.
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, immediately replace and restore such public way to a condition as good as the condition of the public way existing immediately prior to such disturbance.
C. Relocation At Request Of Franchising Authority: Upon its receipt of reasonable advance notice, not to be less than five (5) business days, the grantee shall, at its own expense, protect, support, temporarily disconnect, relocate on the public way or remove from the public way, any property of the 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 the franchising authority; but, the grantee shall in all cases have the right of abandonment of its property subject to city ordinance, and if public funds are available to any utility 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 the grantee.
D. Relocation At Request Of Third Party: The grantee shall, on the request of any person holding a building moving permit issued by the 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 said person, including, if required by the grantee, making such payment in advance; and 2) the grantee is given not less than five (5) business days' advance written notice to arrange for such temporary wire changes.
E. Trimming Of Trees And Shrubbery: The grantee shall have the authority to trim trees or other natural growth overhanging on any of its cable system in the service area so as to prevent branches from coming in contact with the grantee's wires, cables or other equipment. The grantee shall reasonably compensate the 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 the franchising authority or property owner pursuant to the terms of this subsection.
F. Use Of Grantee's Equipment By Franchising Authority: Subject to any applicable state or federal regulations or tariffs, the franchising authority shall have the right to make additional use, for any public purpose, of any poles or conduits controlled or maintained exclusively by or for the grantee in any public way; provided, that: 1) such use by the franchising authority does not interfere with a current or future use by the grantee; 2) the franchising authority holds the grantee harmless against and from all claims, demands, costs, or liabilities of every kind and nature whatsoever arising out of such use of said poles or conduits, including, but not limited to, reasonable attorney fees and costs.
G. 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 and other federal, state and local regulations. The cable system shall not reasonably endanger or interfere with the safety of persons or property in the service area.
H. 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 service are underground, the 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 communication 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 shall require grantee to construct, operate or 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, 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 hereof, 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 under ground.
I. Required Extensions Of Service: The cable system, as constructed as of the date of the passage and final adoption of this chapter, substantially complies with the material provisions hereof. Grantee will be authorized by this chapter 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 fifteen (15) subscribers within one thousand three hundred twenty (1,320) cable bearing strand feet (1/4 cable mile) of its trunk or distribution cable, it shall extend its cable system to such subscribers at no cost to said 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 J of this section.
J. 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 cable drop underground, existence of more than one hundred fifty feet (150') of distance from distribution cable to connection of service to subscribers, or a density of less than fifteen (15) subscribers per one thousand three hundred twenty (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. For the purpose of determining the amount of capital contribution in aid of construction to be borne by grantee and subscribers in the area in which cable service may be expanded, grantee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of potential subscribers per one thousand three hundred twenty (1,320) cable bearing strand feet of its trunks or distribution cable, and whose denominator equals fifteen (15) subscribers. Potential subscribers will bear the remainder of the construction and other costs on a pro rata basis. Grantee may require that the payment of the capital contribution in aid of construction borne by such potential subscribers be paid in advance.
K. Service To Public Buildings: The grantee shall provide without charge one outlet of basic service to the franchise authority's office building(s), fire station, police station and public school building that is passed by its cable system. The outlets of basic service shall not be used to distribute or sell cable services in or throughout such buildings; nor shall such outlets be located in common or public areas open to the public. Users of such outlets shall hold grantee harmless from any and all liability or claims arising out of their use of such outlets, including, but not limited to, those arising from copyright liability. Notwithstanding anything to the contrary set forth in this subsection, the grantee shall not be required to provide an outlet to such buildings where the drop line from the feeder cable to said buildings or premises exceeds one hundred fifty (150) cable feet, unless it is technically feasible and so long as it will not adversely affect the operation, financial condition, or market development of the cable system to do so, or unless the appropriate governmental entity agrees to pay the incremental cost of such drop line in excess of one hundred fifty (150) cable feet. In the event that additional outlets of basic service are provided to such buildings, the building owner shall pay the usual installation fees associated therewith, including, but not limited to, labor and materials. Upon request of grantee, the building owner may also be required to pay the service fees associated with the provision of basic service and the additional outlets relating thereto.
L. Emergency Override: In the case of any emergency or disaster, the grantee shall, upon request of the franchising authority, make available its facilities for the franchising authority to provide emergency information and instructions during the emergency or disaster period. The franchising authority shall hold the grantee, its agents, employees, officers and assigns hereunder, harmless from any claims arising out of the emergency use of its facilities by the franchising authority, including, but not limited to, reasonable fees and costs. (Ord. 425, 7-28-1992)