(a) Authority to Construct.
(1) Authorization to commence construction and applications procedures. Within ninety days after acceptance by the Provider of a Permit, the Provider shall apply for any needed contracts for pole use. Within thirty days after completion of the make-ready survey identifying the routes of its Cable System or Competitive Video System, the Provider shall apply for all additional licenses from the State, City, or other necessary parties, such as the railroads for crossing under or over their property. In any event, all necessary applications for permits, licenses, certificates and authorizations shall be applied for in a timely fashion so that such filing and processing shall not interfere with or cause delay with the construction schedule as outlined in the Permit. Failure to make such timely application and timely filing shall constitute a substantial violation of this chapter.
(2) Power to contract. Upon grant of the Permit and in order to construct, operate and maintain a Cable System or Competitive Video System in the City, the Provider may enter into contracts with any public utility companies or any other owner or lessee of any poles or underground areas located within or without the City; obtain right-of-way permits from appropriate City, State, County, and Federal officials necessary to cross or otherwise use highways or roads under their respective jurisdiction; obtain permission from the Federal Aviation Administration to erect and maintain antennas; and obtain whatever other permits a City, County, State or Federal agency may require.
(b) Construction and Technical Standards.
(1) Compliance with construction and technical standards. Provider shall construct, install, operate and maintain its Cable System or Competitive Video System in a manner consistent with all local, state and federal laws. The Provider, through its Cable System or Competitive Video System, shall provide uniform, strong signals which are free from any significant distortion and interference. The Cable System or Competitive Video System shall be designed, constructed, operated and maintained for 24-hours-a-day continuous operation. The Cable System or Competitive Video System shall produce, for reception on subscribers’ receivers which are in good working order, either monochrome or color pictures (providing the receiver is color capable) which are free from any significant interference or distortion which would cause any material degradation of video or audio quality.
(2) MHZ. The Cable System or Competitive Video System will be capable of transmitting to 750 MHZ. The System will be initially activated to a minimum of 550 MHZ, with the remaining 200 MHZ reserved for future uses.
(3) Rights of way. Provider shall comply with the City’s Right of Way Ordinance, Chapter 905 of the Grandview City Codes prior to performing any work in the City’s right of way related to its Cable System or Competitive Video System.
(4) Contractor qualifications. Any contractor proposed for construction, installation, operation, maintenance, and repair of a Cable System or Competitive Video System must be properly licensed under laws of the State. and all local ordinances.
(5) Location.The Provider's Cable System or Competitive Video System shall be so located as to cause minimum interference with the proper use of Public Ways, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said Public Ways and places. No pole or other fixtures placed in any Public Ways by the Provider shall be placed in such a manner as to interfere with normal travel on such Public Way.
(6) Maps. Neither party guarantees the accuracy of any maps showing the horizontal or vertical location of existing substructures. In Public Rights-of- Way, where necessary the location shall be verified by excavation.
(7) Standards. Construction, installation, operation, and maintenance of the Cable System or Competitive Video System shall be performed in an orderly and workmanlike manner. All cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
(8) Technical codes. Provider shall at all times comply with:
A. National Electrical Safety Code (National Bureau of Standards);
B. National Electrical Code (National Bureau of Fire Underwriters);
C. Bell System Code of Pole Line Construction;
D. Applicable FCC or other Federal, State and Local regulations; and
E. Standards as set forth in the Permit.
(9) In any event, a Cable System or Competitive Video System shall not endanger or interfere with the safety of persons or property in the Permit area or other areas where the Provider may have equipment located.
(10) Antennas. Any antenna structure used in a Cable System or Competitive Video System shall comply with construction, marking, and lighting of antenna structure standards as required by Federal and State law or regulation.
(11) Worker facilities. All worker facilities, conditions, and procedures that are used during construction, installation, operation, and maintenance of a Cable System or Competitive Video System shall comply with the standards of the Occupational Safety and Health Administration.
(12) RF leakage. In regard to RF leakage, the Provider shall comply with all FCC Rules and Regulations.
(13) Equipment. The Provider shall maintain equipment capable of providing standby power for a minimum of eight hours for the head end.
(c) Construction Schedule. The Permit shall specify the construction schedule.
(d) Use of Streets.
(1) All installations shall be underground in those areas of the City where public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, Provider may install its Cable System or Competitive Video System above ground, provided that at such time as those facilities are required to be placed underground by the City or are placed underground, the Provider shall likewise place its Cable System or Competitive Video System underground without additional cost to the City or to the individual subscriber so served with the City. Where not otherwise required to be placed underground by this chapter or the Permit, the Provider's Cable System or Competitive Video System shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable passing under the roadway shall be installed in conduit.
(2) Prior to construction or alteration, however, the Provider shall in each case where required by City Code, file plans with the appropriate City agencies, complete use agreements with the utility companies, and obtain all construction permits.
(3) Interference with Persons, Improvements, Public and Private Property and Utilities. The Provider's Cable System or Competitive Video System shall be located, erected and maintained so that such facilities shall:
A. Not endanger or interfere with the health. safety or lives of persons;
B. Not interfere with any improvements the City, County or State may deem proper to make;
C. Not interfere with the free and proper use of the Public Ways, except to the minimum extent possible during actual construction or repair;
D. Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair; and
E. Not unreasonably obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the City.
(4) Restoration to prior condition. In case of any disturbance of pavement sidewalk, driveway or other surfacing, the Provider shall, at its own cost and expense and in a manner approved by the City, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley disturbed, to as good condition as before said work was commenced and in a good workmanlike, timely manner in accordance with standards for such work set by the City. Such restoration shall be undertaken within no more than ten business days after the damage is incurred and shall be completed as soon as possible thereafter.
(5) Relocation of the facilities. In the event the City, County or State shall lawfully elect to alter, or change, the grade of any street, alley or other public ways the Provider, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense, however, if any utility or other party is compensated by the City for such relocation, then Provider shall also be similarly compensated.
(6) Cooperation with building movers. The Provider shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same and the Provider shall have the authority to require such payment in advance. The Provider shall be given not less than fifteen working days' advance notice to arrange for such temporary wire changes.
(7) Tree trimming. The Provider shall have the authority, except when in conflict with existing City ordinances, to trim any trees upon and overhanging the Right-of-Way so as to prevent the branches of such trees from coming in contact with its Cable System or Competitive Video System, except that at the option of the City, such trimming may be done by it, or under its supervision and direction, at the expense of the Provider.
(8) Easements.All necessary easements over and under private property shall be arranged for by the Provider.
(e) Erection, Removal and Common Use of Poles.
(1) No poles shall be erected by the Provider without prior approval of the City with regard to location, height, types and any other pertinent aspect. However, no location of any pole of the Provider shall give rise to a vested interest and such poles shall be removed or modified by the Provider at its own expense whenever the City determines that the public convenience would be enhanced thereby.
(2) Where poles already exist for use in serving the City are available for use by the Provider, but it does not make arrangements for such use, the City may require the Provider to use such poles if it determines that the public convenience would be enhanced thereby and the terms of the use available to the Provider are just and reasonable.
(f) Construction Reporting Requirements.
(1) Within thirty days of the granting of a Permit pursuant to this chapter, the Provider shall provide the City with a written progress report detailing work completed to date. Such report shall include a description of the process in applying for any necessary agreements, licenses, or certifications and any other information the Mayor may deem necessary. The content and format of the report will be determined by the Mayor and may be modified at his/her discretion.
(2) Such written progress reports shall be submitted to the City on a monthly basis throughout the entire construction process. The Mayor may require more frequent reporting if he/she determines it is necessary to better monitor the Provider's progress.
(3) Prior to the commencement of any construction, the Provider shall produce an informational document to be distributed to all residents of the area to be under construction, which shall describe the activity that will be taking place. The informational document shall be reviewed and approved by the Mayor prior to it distribution.
(g) Tests and Performance Monitoring.
(1) A copy of any performance test reports required by the FCC shall, upon request, be made available to the City at Provider's office.
(2) Whenever there have been similar complaints made or when there exists other evidence, which, in the judgment of the City, casts doubt on the reliability or quality, of the Provider's Cable System or Competitive Video System, the City shall have the right and authority to compel the Provider to test, analyze, and report on the performance of its Cable System or Competitive Video System. The City may require additional tests; full or partial repeat tests, different test procedures, or test involving a specific subscriber's terminal. Reports on such tests shall be delivered to the City no later than fourteen days after the City formally notifies the Provider and shall include the following information: the nature of the complaints which precipitated the special tests; what Cable System or Competitive Video System component was tested; the equipment use and procedures employed in said testing; the results of such tests; and methods by which said complaints were resolved. Said tests and analyses shall be supervised by a professional engineer of the Provider, who shall sign all records of the special test and forward same to the City with a report interpreting the results of the tests and recommending what actions should be taken. All such tests shall be at the expense of the Provider.
(3) The City shall have the right to employ qualified consultants and attorneys if necessary or desirable to assist in the administration of this, or any other section of this chapter or the Permit.
(Ord. 2007-13. Passed 6-18-07.)