A. Standard Installation. Standard installation shall consist of a service drop not exceeding 250 feet from a single pole or pedestal attachment to the Subscriber’s Dwelling Unit. Service in excess of 250 feet and wiring placed underground at a Subscriber’s request, which is not otherwise required to be placed underground by the provisions of this Ordinance or the Franchise Agreement, if any, or other applicable ordinance, law or regulation, and any Subscriber request for concealing of the cable wire within the walls of a Dwelling Unit beyond what is involved in a standard installation, shall be charged in accordance with FCC rules and regulations. The Subscriber shall be notified in writing of the estimated additional installation costs before installation begins. The desire of the Subscriber as to the point of entry into the Dwelling Unit in connection with any Installation shall be observed wherever possible. If the Subscriber chooses the point of entry into the Dwelling Unit, the Subscriber may be charged the added expense of changing the point of entry pursuant to FCC rules. Runs in building interiors shall be as unobtrusive as possible. The Grantee shall use due care in the process of Installation and shall repair any damage to the Subscriber’s property caused by the Installation. Restoration shall be undertaken within seven days after the damage is incurred and shall be completed as soon as possible. Unless weather conditions prohibit immediate restoration, restoration shall begin within two days after weather conditions permit.
B. Restoration of Service. The Grantee shall restore service to any potential Subscriber wishing restoration of service, provided the potential Subscriber shall first satisfy any previous obligations owed.
C. Extensions of Service. The Grantee shall provide a Standard Installation to any Dwelling Unit or public building located within the Service Area within seven days of a request for service. The Grantee shall not impose any charge upon any Subscriber located within the Service Area for extending the Cable System to Subscribers’ locations, except as set forth explicitly in this Ordinance or the Franchise Agreement, if any. The Grantee shall extend the Cable System as necessary to provide service to the Service Area. To expedite the process of extending the Cable System into a new subdivision, the County may choose to forward to a Grantee an approved engineering plan of each project. The Grantee shall commence the design and construction process upon receipt of the final engineering plan. The Grantee shall complete the construction/activation process prior to occupancy of the building(s) in such new subdivision receiving Cable Service.
D. Use of Streets. For the purposes of operating and maintaining a Cable System in the Service Area, the Grantee may erect, install, construct, repair, replace, reconstruct and retain in and under the Streets, lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the System, subject to the County engineer’s approval of the location of same and provided that all applicable permits are applied for and granted, all fees paid and all other generally applicable County codes, resolutions, practices, procedures and ordinances are otherwise complied with. However, no rights hereunder may be transferred by the Grantee to any other entity except the Grantee’s construction agents. The Grantee shall pay all charges incurred by the County in reviewing any permit application, engineering plan, inspections, etc., including, but not limited to, the County’s attorneys’ fees and engineering consulting fees.
E. Filing of Plans. Prior to construction or alteration, the Grantee shall in each case file plans with the County engineer and receive written approval of such plans from same. The Grantee shall provide in writing a monthly progress report to the County through the completion of construction or alteration at the request of the County. It shall be the sole responsibility of the Grantee to identify and verify property lines, easement lines, rights-of-ways and other similar property boundaries.
F. Non-interference. The Grantee shall construct and maintain the Cable System so as not to interfere with other present or future uses of Streets, sewer mains, water mains and other County facilities and infrastructure. The Grantee shall individually notify all Residents directly affected by proposed construction prior to the commencement of that work. If the County determines, at any time, that any portion of the Cable System unduly interferes with other uses of the Streets, sewer mains, water mains and other County facilities and/or infrastructure, the Grantee shall take any necessary action, as directed by the County, to alleviate or terminate the interference.
G. Underground Street Crossing. Whenever a Grantee must place the Cable System or other facilities beneath the traveled or paved portion of the Streets or other public ways, unless otherwise approved in advance by the County, the Grantee shall do so by directional boring and not by excavation of a trench in which to place cable conduit. Directional boring shall be done wherever possible so that the excavations necessary for it are not in the paved portion of the Street or other right-of-way.
H. Pavement Cut Coordination and Additional Fees. A Grantee shall coordinate its construction program and all other work in the Streets with the County’s program for Street construction, rebuilding and resurfacing. The Grantee shall meet with the County prior to any Street cut.
1. The goals of such coordination shall be to require the Grantee to conduct all work in the Streets in conjunction with or immediately prior to any Street resurfacing planned by the County, and to prevent a Street from being disturbed by the Grantee after it has been constructed, rebuilt, resurfaced or repaired.
2. The Grantee shall not cut or otherwise breach or damage the surface of any Street within 16 months after such Street has been resurfaced.
3. The County may waive the preceding requirement due to circumstances, such as where there is no feasible alternative for construction of the Cable System in its sole and unfettered discretion.
I. Denial of Use by the County. Notwithstanding the grant to use the Streets in § 5.28.150 herein, no Street shall be used by the Grantee if the County, in its sole opinion and discretion, determines that such use is inconsistent with the conditions or provisions by which such Street was created or dedicated or presently used.
J. Restoration of Streets.
1. In the event any Street or other public place is disturbed, the Grantee shall, within seven days, weather permitting, at its own cost and expense and in a manner approved by the County engineer, replace and restore such area in as good a condition as before the work involving such a disturbance was done except that any pavement opening shall be closed within 24 hours.
2. All restoration or reconstruction shall comply with all generally applicable ordinances, resolutions practices and procedures of the County.
K. Tree Trimming. The Grantee shall comply with the provisions of any County ordinance regulating the removal, destruction or trimming of trees or vegetation of any kind. The Grantee shall be responsible for and shall indemnify, defend and hold harmless the County and its officers, agents and employees from and against any and all damages arising out of or resulting from the removal, trimming, mutilation of or injury to any tree or vegetation caused by the Grantee or its officers, agents, employees, contractors or subcontractors. No removal, destruction or trimming of any vegetation shall occur without 15 days’ advance written notice to the County and the prior written consent of Grantee and, in the case of vegetation on private property, notice to the relevant property owner.
L. Consent to Erection of Poles. No Franchise shall be deemed to expressly or implicitly authorize the Grantee to construct or install poles or wire-holding structures within Streets for the purpose of placing cables, wires, lines or otherwise without the written consent of the County which may be withheld in the County’s sole and unfettered discretion.
M. Underground Installation Required. The Grantee shall construct and install its cables, wires and other facilities underground. Amplifier boxes and pedestal mounted terminal boxes maybe placed aboveground if existing technology reasonably requires it, but shall be of such size and design and shall be so located, to the extent possible, as not to be unsightly or unsafe.
N. Utility Crowding. In areas where the County finds the Streets will not readily accommodate further underground facilities, the County may require the Grantee’s conduits be oversized, duplicated or placed in multiple configuration and the Grantee shall share the use of its underground conduits and multiple configurations at such locations at reasonable rates.
O. Relocation Underground. With respect to any cables, wires and other like facilities constructed and installed by a Grantee aboveground, the Grantee shall, at its sole expense, reconstruct and reinstall such cables, wires or other facilities underground pursuant to any project under which the cables, wires or other like facilities of other utilities are placed underground within an area.
P. Property Damage. The Grantee shall use due care in the process of Installation, or in any service performed at any time, and shall repair and restore, at the Grantee’s cost and expense, any damage or injury to any property caused in any way by any act or omission of the Grantee or any of its agents. The Grantee shall return the property to the same condition as before the damage occurred within seven days after the damage is incurred. If weather conditions prohibit restoration within seven days, restoration shall begin within two days after weather conditions permit restoration. If the Grantee fails to effectuate said repair or restoration in the time specified, the owner of the property, or his/her designee, may notify, via certified mail, return receipt requested, the Grantee of such owner’s intent to repair or restore the property. If the Grantee fails to repair or restore the property within 7 calendar days from the date the notice was mailed, the owner may proceed to complete the repair or restoration. The Grantee shall pay the owner the cost of the repair or restoration within seven business days after receiving invoices or receipts for the repairs or restoration.
Q. Removing, Relocating Installed Facilities. If, during the term of the Franchise, the County or any other local government having relevant jurisdiction, a public utility, a sanitary district or any other similar special district elects to alter, repair, realign, abandon, improve, vacate, reroute or change the grade of any Street or to replace, repair, install, maintain or otherwise alter any aboveground or underground cable, wire, conduit, pipe, line pole, wire-holding structure or other facility utilized for the provisions of utility or other services or transportation or drainage, sewage or other liquids, the Grantee, shall, except as otherwise hereinafter provided, at its sole expense, remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and any other facilities which it has installed. If such removal or relocation is required within the subdivision in which all utility lines, including those for the System, were installed at the same time, the entities may decide among themselves who is to bear the relocation costs; provided, that the County shall not be liable to a Grantee for such costs. Regardless of who bears the costs, a Grantee shall take action to remove or relocate at such time or times as are directed by the entity undertaking the work. Reasonable advance written notice shall be mailed to the Grantee advising the Grantee of the date or dates that the removal or relocation is to be undertaken.
R. Relocation at Request of Third Party. The Grantee shall, at the request of any person holding a building or moving permit issued by the County, temporarily raise or lower its wires, provided: (I) the expense of such temporary raising or lowering of wires is paid by said person, and (ii) the Grantee is given not less than five (5) business days advance written notice to arrange for such temporary wire changes.
S. Standards and Performance Tests. The Grantee shall construct, install and maintain its System in a manner consistent and in compliance with all applicable laws, ordinances, construction standards, governmental requirements, and technical standards equivalent to those established by the FCC. The Grantee shall provide to the County written reports of the Grantee’s annual proof of performance tests conducted pursuant to FCC standards and requirements.
T. Codes and Regulations. The Grantee shall at all times comply with the most recent edition of the National Electrical Safety Code (established by the National Bureau of Standards), National Electrical Code, National Bureau of Fire Underwriters, all applicable FCC and federal, state and local ordinances, regulations, resolutions, practices and procedures of general applicability and codes and other ordinances of the County.
U. Safety. The System shall not endanger or interfere with the safety of persons or property within the County or other areas where a Grantee may have equipment located.
V. Notice of Construction to Residents. A Grantee shall provide advance notice, appropriate to the circumstances, prior to entry whenever desiring to enter or cross any private property within the County or work in abutting Streets, except in the day-to-day operations of the Cable System (e.g. Installations and service calls). By way of example, the Grantee shall provide at least 48 hours advance notice to affected property owners (such as by door hangers) prior to construction or reconstruction requiring entry on private property or work in the Streets abutting such private property. During maintenance work, installation work and outage repair, the Grantee shall attempt to notify affected Residents (such as by knocking and, if no answer, leaving a door hanger) prior to entering private property. Work performed in an emergency in Streets to repair the System is exempt from this § 5.28.150V.
W. OSHA. All working facilities, conditions and procedures, used or occurring during construction and maintenance of the System, shall comply with the standards of the Occupational Safety and Health Administration.
X. Workmanship. Construction, installation and maintenance of the Cable System shall be performed in a good and workmanlike manner utilizing materials of good and durable quality. The Grantee shall work in close coordination with public and private utilities serving the County, following accepted construction procedures and practices and working through existing committees and organizations.
Y. Cable and Wire Installation. All cable and wires shall be installed, where possible, parallel with electric and telephone lines, and multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. The Grantee shall install its Cable System such that it is easily distinguishable from any other cable providers, utilities, etc., and service providers (i.e., color code its System, stamp or attach tags to the System).
Z. Antenna. Any antenna structure used in the System shall comply with construction, marking and lighting of antenna structures required by the U.S. Department of Transportation.
AA. Signals. Signal leakage shall be checked at reception locations for emergency radio services so as to prove no interference signal combinations are possible.
BB. Radiation. Radiation shall be measured adjacent to any proposed aeronautical navigation or communication radio sites to prove no interference to air navigational reception.
CC. Undergrounding of Cable System Lines. To the extent it is necessary that Cable System lines must cross through Streets, they shall be installed underground. With respect to those Cable System lines which are situated upon any Street, a Grantee shall install such lines underground at the Grantee’s cost within six months from the acceptance of a Franchise or renewal thereof. In the event such obligation is not completed within such six month interval, such failure shall constitute a violation of this Ordinance rendering the Grantee liable to a penalty of $250.00 per day for each day the violation continues. Such penalty may be deducted from the Grantee’s letter of credit by the County.
(Ord. O-200203-12-002, passed 3-5-2002)