(A) Conditions of street occupancy. All transmission and distribution structures, poles, other lines and equipment installed or erected by the cable operator 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 such public ways. The cable operator shall comply with all right-of-way and easement management ordinances and/or regulations enacted by the City, including such ordinances and/or regulations enacted after the effective date of this permit.
(B) Restoration of public ways. If, during the course of the cable operator’s construction, operation or maintenance of the cable system, there occurs a disturbance of any public way by the cable operator, it shall, at its expense, replace and restore such public way to a condition reasonably comparable to the condition of the public way existing immediately prior to such disturbance.
(C) Relocation at request of the City. Upon its receipt of reasonable advance notice, the cable operator shall, at its own expense, protect, support, temporarily disconnect, relocate in the public way or remove from the public way, any property of the cable operator when lawfully required by the City 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 City; but the cable operator shall in all cases have the right of abandonment of its property. If public funds are available to any 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 cable operator.
(D) Relocation at request of third party. Upon the request of any person holding a city moving permit for a building or structure, the cable operator shall temporarily raise or lower its wires to permit the moving of such building or other structure; provided:
(1) The expense of such temporary raising or lowering of wires is paid by such person, including, if required by the cable operator, making such payment in advance; and
(2) The cable operator is given not fewer than ten business days advance written notice to arrange for such temporary wire changes.
(E) Trimming of trees and shrubs. The cable operator shall have the authority to trim trees or other natural growth overhanging any of its cable system in the service area so as to prevent branches from coming in contact with the cable operator’s wires, cables or other equipment. The cable operator shall reasonably compensate the City or the property owner for any damages caused by such trimming.
(F) 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 or other federal, state and local regulations. The cable system shall not unreasonably endanger or interfere with the safety of persons or property in the service area.
(G) Aerial and underground construction.
(1) 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 services are underground, the cable operator likewise shall construct, operate and maintain all of its transmission and distribution facilities underground; provided that such facilities are actually capable of receiving the cable operator’s cable and other equipment without technical degradation of the cable system’s signal quality.
(2) In those areas of the service area where the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are both aerial and underground, the cable operator 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 (G) shall require the cable operator to construct, operate and 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.
(3) Notwithstanding anything to the contrary contained in this subsection (G) 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 of this article, the cable operator 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 underground.
(H) Subscriber charges for extension of service. No subscriber shall be refused service arbitrarily. However, if an area does not meet the density requirements of § 7-9H-3, the cable operator shall only be required to extend the cable system to subscribers in that area if the subscribers are willing to cover the capital costs of extending the cable system. The cable operator may require that such potential Subscribers pay the capital contribution for such construction in advance. Subscribers shall also be responsible for any standard/non-standard installation charges to extend the cable system from the tap to the residence.
(I) Office and service in the City. During the term of the permit, the cable provider will have an office and service technicians located in the City.
(J) Force majeure. The cable operator shall not be held in default under, or in noncompliance with, the provisions of the permit, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the cable operator to control. This provision includes, but is not limited to, severe or unusual weather conditions, fire, flood or other acts of God; strikes; work delays caused by failure of utility providers to service, maintain or monitor utility poles to which the cable operator’s cable system is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.
(Prior Code, § 7-9H-8) (Ord. 2021-11, passed 8-17-2021)