(a) Map and plan to be provided. Grantee shall submit to the city a construction or reconstruction plan not less than 90 days prior to the date grantee intends to commence construction or reconstruction of the cable system, and that plan shall be incorporated by reference and made a part of the grantee's franchise agreement. The plan shall include a map of the entire franchise area and shall clearly delineate the following:
(1) Areas within the franchise area where the cable system will be available to subscribers, including a time schedule of construction or reconstruction for each year that construction or reconstruction is proposed; and
(2) Areas within the franchise area where the cable system cannot reasonably be extended due to lack of present or planned development or other similar reasons, with the areas and the reasons for not serving them clearly identified on the map.
The grantee shall also make available to the city during normal business hours at grantee's office cable system design details, equipment specifications, and design performance criteria.
(b) Delay in system construction or reconstruction requires consent by City Council. Any delay in the cable system construction or reconstruction beyond the times specified in the plan shall require application to the city and consent of the City Council after receiving recommendation from the City Manager. Any delay beyond the construction or reconstruction timetable set forth in the plan, unless approved by the City Council, will be considered a violation of the franchise for which the provisions of Sections 95-5(g) and 95-16 shall apply. However, nothing in this section shall prevent a grantee from constructing or reconstructing the cable system earlier than planned.
(c) System construction and operation to be consistent with city requirements; the city to observe annual proof of performance tests; the city may conduct independent tests at cost of grantee Grantee shall construct, install, operate and maintain its system in a manner such that it operates at all times consistent with all laws, ordinances, and construction standards of the city; the rules and regulations of the Federal Communications Commission; and detailed standards submitted by a grantee as part of its application, which standards shall be incorporated by reference into a franchise agreement. In addition, a grantee shall provide the city with the opportunity to observe the conduct of, and receive a written report of the results of grantee's proof of performance tests. The city may conduct independent measurements of the system. A grantee shall pay the costs incurred by the city for any technical assistance deemed reasonably necessary by the city for obtaining independent verification of technical compliance with all standards.
(d) Additional specifications - Standby power, national, state and local codes. Grantee shall construct, install and maintain the cable system in an orderly and professional manner, using due diligence and materials of good and durable quality. All cables and wires shall be installed, where possible, parallel with and in the same manner as electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. Underground installations shall be in conformance with all applicable codes.
A grantee shall maintain equipment capable of providing standby power to be engaged automatically in the event of a power failure for 24 hours at all headend, tower, and HVAC systems and for a minimum of two hours at all trunk and distribution amplifiers, or fiber optic nodes.
A grantee shall at all times comply with applicable sections of the following, all as from time to time amended and revised, and all other applicable rules and regulations now in effect or hereinafter adopted by the city:
(1) National Electrical Safety Code (ANSI) most recently adopted:
(2) National Electrical Code (National Bureau of Fire Underwriters);
(3) the rules and regulations of the Federal Communications Commission;
(4) the city building code;
(5) city subdivision regulations;
(6) the city road standards.
In any event, the grantee shall not endanger or interfere with the safety of persons or property in the franchise area or other areas where a grantee may have equipment located.
(e) Access to grantee's trenches by other utilities. Grantee shall cooperate in the planning, locating and construction of its cable system in utility joint trenches or common duct banks with other telecommunications providers. The city will provide advance notice to any grantee when it plans to open a trench and each grantee shall provide notice to the city when it plans to open a trench. The grantee and the city will offer to make space available to the other, and to other persons who participate in joint trenching, on reasonable terms and conditions.
(f) If city determines any part of facilities are harmful to health and safety of any person, grantee shall promptly correct. If, at any time, it is determined by the city or any other agency or authority of competent jurisdiction that any part of the system facilities are endangering the public, including without limitation missing vault or pedestal covers, temporary drop cables that cross walkways, driveways or other areas, and low cables, riser problems and other violations of state or local laws that are harmful to the health or safety of any person, then a grantee shall correct all such conditions, at its own costs and expense, within 24 hours of receipt of notice from the city or any other agency or authority of competent jurisdiction. Until such conditions are corrected, grantee shall post suitable warnings to ensure that the health and safety of persons possibly affected is ensured.
(g) Grantee to maintain system in conformance with FCC radiation rules. A grantee shall construct, operate and maintain the system in conformance with FCC Signal Leakage Requirements, 47 C.F.R. 76 subpart K, to prevent interference with the transmission or reception of over-the-air broadcast signals. A grantee shall not interfere with the ability of any subscriber to utilize his or her television receiver for any lawful purpose. The connection of any cable input selector device or any converter to a subscriber's terminal shall not be considered as interference with the subscriber's ability to utilize his or her television receiver.
(h) Grantee to take all necessary steps to prevent accidents. A grantee shall, at its own cost and expense, take all necessary efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, and security personnel and, at night, suitable and sufficient lighting.
(i) Notice of cable construction/repair to subscribers. Grantee shall notify residents on affected streets of pending construction, or major repairs including any which require street or sidewalk trenching, at least 48 hours prior to commencement of such work. Notification shall be by leaving an appropriate notice at the residence (i.e. door hanger notice) and by first-class mail. In the event of a system extension or rebuild, possibly affecting general system reception, a grantee shall notify all of its subscribers by first-class mail, stating the scope and duration of the proposed extension or rebuild and its impacts at least 14 days prior to commencement of such work, with a follow-up door hanger notice also being placed at subscribers' residences no later than 48 hours prior to the commencement of the extension or rebuild work.
(Ord. No. 2801, § 3, 2-25-99)