(A) A grantee shall obtain all required permits from grantor before commencing any construction upgrade or extension of the system.
(B) The grantor shall impose no permit fees upon a grantee.
(C) If at any time during the period of this franchise grantor shall elect to alter or change the grade or location of any street, alley or other public way, a grantee shall, at its own expense, upon reasonable notice by grantor, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures of the system. If grantor reimburses other occupants of the street, a grantee shall be likewise reimbursed.
(D) A grantee shall, on request of any person holding a moving permit issued by grantor, temporarily move its wires or fixtures to permit the moving of buildings, with the expense of such temporary removal to be paid by the person requesting the same, and a grantee shall be given not less than ten days’ advance notice to arrange for such temporary changes.
(E) A grantee may, with advance approval from the Public Works Director, trim any trees upon and overhanging the streets, alleys, sidewalks or public easements of grantor so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee.
(F) Nothing contained in this chapter shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring grantee’s facilities.
(G) In areas where all other utility lines are placed underground, grantee shall construct and install its cables, wires and other facilities underground. In any area where one or more public utilities are aerial, grantee may construct and install its cables, wires and other facilities from the same pole with the consent of the owner of the pole.
(H) A grantee shall at all times construct and operate its system in accordance with applicable FCC technical specifications.
(I) In the event that the use of any part of the system is discontinued for any reason for a continuous period of 12 months, or in the event such systems or property has been installed in any street or public place without complying with the requirements of this chapter, or the rights granted hereunder have been terminated, cancelled or have expired, grantee shall, subject to the rights of the city to acquire the system as specified in division (J) below, promptly remove from the streets or public places all such property and poles of such system other than any which the city may permit to be abandoned in place. In the event of such removal, grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the city.
(J) Any property of grantee to be abandoned in place shall be abandoned in such a manner as the city may prescribe. Upon permanent abandonment of the property of grantee in place, it shall submit to the city an instrument, to be approved by the city, transferring to the city the ownership of such property.
(K) All cable and passive equipment for cable television reception service installed by grantee at a subscriber’s location shall remain the property of grantee, and grantee shall have the right to remove said cable and equipment. Upon termination of service to any subscriber, the grantee shall promptly remove all its aboveground facilities and equipment from the premises of such subscriber upon his or her request.
(L) No poles or other wire-holding structures shall be erected by the grantee without prior approval of the Public Works Director with regard to location, height, type or any other pertinent aspect, which approval shall not be unreasonably withheld. However, no locations of any pole or wire-holding structure of the grantee shall be a vested interest, and such poles or structures shall be removed or modified by the grantee at its own expense whenever the Public Works Director determines it to be necessary or that the public convenience would be enhanced thereby.
(M) Where poles or other wire-holding structures already existing in use in serving the city are available for use by grantee but grantee does not make arrangements for such use, the City Council may require the grantee to use such poles and structures if the City Council determines it to be necessary or that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.
(N) Where the city or a public utility serving the city desires to make use of poles or other wire- holding structures of the grantee but agreement therefore with the grantee cannot be reached, the City Council may require the grantee to permit such use for such consideration as is just and reasonable and upon such terms as the Council determines the use would enhance the public convenience and would not unduly interfere with the grantee’s operations.
(O) Grantee shall at all times maintain on file with the City Finance Officer a schedule setting forth all of the rates and charges to be made to subscribers for basic cable service, including installation charges.
(P) During the term thereof, the city may regulate rates only if authorized to do so by Federal Communications Commission regulations, and then, such regulation shall only be in accordance with the provisions of such regulations.
(Prior Code, § J-1-4) (Ord. 991, passed - -) Penalty, see § 10.99