(a) Map and Plan to be Provided. Unless otherwise specifically identified in a franchise agreement, the grantee shall submit a construction or reconstruction plan not less than ninety days prior to the date the 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 cable system design details, equipment specifications, and design performance criteria. The plan shall also 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, subject to normal operating conditions; 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.
(b) Delay in System Construction or Reconstruction Requires Consent by County Board of Supervisors. Any delay in the cable system construction or reconstruction beyond the times specified in the plan shall require application to and consent of the County Board of Supervisors after receiving recommendation from the Director of the Department of Building and Development or his or her designee. Any delay beyond the construction or reconstruction timetable set forth in the plan, unless approved by the County Board of Supervisors, will be considered a violation of the franchise for which the provisions of Sections 805.06(g) and 805.15 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 County Requirements; County to Observe Annual Proof of Performance Tests; County May Conduct Independent Tests at Cost of Grantee. The 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 County; Standards of Good Engineering Practices for Measurements on Cable Television Systems: National Cable Television Association Publication 008-0477, as amended; and the rules and regulations and technical standards of the Federal Communications Commission. In addition, a grantee shall provide the County with the opportunity to observe the conduct of, and receive a written report of the results of, the grantee's proof of performance tests. The County may at any time, following receipt of a subscriber complaint, conduct independent measurements of the system. The grantee shall be notified in advance and shall pay the reasonable costs incurred by the County for any technical assistance deemed reasonably necessary by the County for obtaining independent verification of technical compliance with all standards.
(d) Additional Specifications - National, State and Local Codes.
(1) The 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.
(2) 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 County:
A. National Electrical Safety Code (ANSI) most recently adopted:
B. National Electrical Code (National Bureau of Fire Underwriters);
C. NCTA Standards of Good Engineering Practices for Measurements on Cable Television Systems, Second Edition, November, 1989, as amended, (publication number NCTA 008-0477);
D. The Rules and Regulations of the Federal Communications Commission;
E. The Virginia Uniform Statewide Building Code;
F. The County Land Subdivision and Development Ordinance;
G. The County Zoning Ordinance;
H. The County Facilities Standards Manual.
(3) A 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 a Grantee's Trenches by Other Utilities. A grantee shall cooperate in the planning, locating and construction of its cable system in utility joint trenches or common duct banks with other utilities and telecommunications providers. The County will provide advance notice to any grantee when it plans to open a trench and each grantee shall provide notice to the County when it plans to open a trench. The grantee and the County 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 County 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 County or any other agency or authority of competent jurisdiction, that any part of the system facilities is 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 twenty-four hours of receipt of notice from the County or any other agency or authority of competent jurisdiction. Until such conditions are corrected, the 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 CFR 76, Subpart K, to prevent interference with the transmission or reception of over-the-air broadcast signals. A grantee's system shall not cause interference with the ability of any subscriber or non-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. Except for emergency situations, a grantee shall notify residents on affected streets of pending construction or major repairs, including any which require street or sidewalk trenching, at least forty-eight hours prior to commencement of such work. Notification shall be by leaving an appropriate notice at the residence (i.e. door hanger notice) and/or 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 fourteen days prior to commencement of such work, with a follow-up door hanger notice also being placed at subscribers' residences no later than forty-eight hours prior to the commencement of the extension or rebuild work. (Ord. 98-05. Passed 4-15-98.)