(A) The construction, operation and repair of the operator’s system shall be performed in a safe, thorough and reliable manner using equipment of good and durable quality. The construction, operation and repair of the system shall be performed by experienced personnel familiar with their responsibilities under the franchise and applicable laws and construction standards. The operator shall at all times have sufficient trained personnel to satisfy all its obligations under the franchise, including under the customer service requirements set forth in § 4-2-7-13 and applicable laws and regulations.
(B) The operator shall construct, operate and maintain its system in accordance with all applicable laws and regulations including, but not limited to, federal, state and local building, zoning and other land use and safety laws, codes and regulations now in effect or hereafter adopted. The construction, operation and repair of the operator’s system shall at all times be in accordance with the requirements of the:
(1) National Electrical Code;
(2) National Electrical Safety Code;
(3) Rules and regulations of the Federal Communications Commission, Parts 17, 76 and 78;
(4) Obstruction marking and lighting, AC70/7460-IE, Federal Aviation Administration;
(5) OSHA Safety and Health Standards;
(6) NCTA Standards of Good Engineering Practices, NCTA 008-0477 EIA Standard RS-222C, Structural Standards for Steel Towers and Antenna Supporting Structures; and
(7) All amendments or successors to these codes, rules, standards and regulations.
(C) All cabling shall be buried or secured above ground and shall not be placed on the surface. Cabling shall be buried at least 24 inches deep in the public rights-of-way and at least six inches deep in private property. All cabling shall be buried as soon as practicable given the weather and soil conditions. The operator shall respond within 24 hours to subscriber complaints concerning cabling used for service drops.
Penalty, see § 1-1-2-3