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(A) The grantee shall construct, install, operate and maintain us system in a manner consistent with all applicable laws and the Federal Communications Commission technical standards, and any standards set forth in its franchise agreement. In addition, the grantee shall provide to the grantor, upon request, a written report of the results of the grantee’s periodic proof of performance tests conducted pursuant to Federal Communications Commission standards and guidelines. The grantee and the city shall additionally comply with any other applicable laws or technical standards concerning any services which the grantee provides over its cable system including the FCC’s jurisdiction over enforcement of technical standards.
(B) Repeated and verified failure to maintain specified technical standards shall constitute a material breach of the franchise entitling the city to utilize the procedures hereof.
(C) All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all other applicable laws.
(D) All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the applicable provisions of the National Electrical and Safety Code and National Electrical Code, as amended, and as may from time to time be amended.
(E) Antennas and their supporting 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 laws.
(F) All of the grantee’s plant and equipment, including, but not limited to, the antennas of headend and distribution system, towers, house connections, structures, poles, wire, 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 with improvements, the city may deem appropriate to make or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
(G) The grantee shall, at all times, employ ordinary 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 lo the public.
(Ord. 78, passed 10-13-1997)