(a) Authorization to commence construction and application procedures. Prior to the installation or erection of any towers, poles or conduits, other than minor or emergency excavation and maintenance, or the upgrade or rebuild of the cable system, the franchisee shall first submit to the town for review a concise description of the facilities proposed to be maintained, erected, removed, or installed, including engineering drawings, if required by the town. No erection or installation of any tower, pole, underground conduit, or fixture, excavation of other than a minor or emergency nature shall be commenced by any person until proper permits have been received from the town.
(b) Town maps. The town does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures or utilities.
(c) Compliance with construction and technical standards. The franchisee, through the cable system, shall provide uniform, strong signals which are free from any significant distortion and interference as required by FCC. The cable system shall be designed, constructed, operated and maintained for 24-hours-a-day continuous operation. The 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 noticeable interference or distortion which would cause any material degradation of video or audio quality as required by F.C.C.
(d) Quality of construction. Construction, installation, operation, and maintenance of the cable system shall be performed in an orderly and workmanlike manner, in accordance with then current technological standards. The franchisee shall utilize its best efforts to have all cables and wires installed, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for aesthetic and engineering considerations. Nothing herein shall preclude underground installation.
(e) Underground Installation.
(1) All installations shall be underground in those areas of the town where public utilities providing 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, the franchisee may install its cable system above ground; provided, that at such time as those facilities are required to be placed underground by the town or are placed underground, the franchisee shall likewise place its cable system underground without additional cost to the town or to the individual subscribers so served within the town so long as the franchisee is provided with access to the open trenches at the time of excavation. Where not otherwise required to be placed underground by this code or the franchise, the franchisee's 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. Any and all cables to be constructed under any paved street or alley, or other right of way shall be accomplished by the jacking of an underground pipe or conduit, and under no circumstances shall cable be constructed under a paved street, alley or other public wad by digging or excavating from the surface of the paved street. All cable passing under the street shall be installed in conduit.
(2) Prior to performing any underground construction, the franchisee shall use its best efforts to locate, in advance, any water, sewage, gas, electric, drainage, or other utility (including other cable systems) lines, including compliance with Chapter 556, Florida Statutes, to the extent applicable. Where any damages or alterations occur to said utility lines in the public right-of-way as a result of construction, reconstruction, maintenance, or removal of the cable system by the franchisee, its agents or independent contractors, the cost of such repairs including all services and materials will be the responsibility of the franchisee.
(f) Construction notice. Except with regard to routine maintenance and emergency circumstances, the franchisee shall give appropriate notice to the town and residents within a reasonable period of time of proposed construction, excavation, laying or stringing of cable under streets or on poles, but in no event shall such notice be given less than (5) business days before such commencement.
(g) Interference with persons, public and private property, and utilities. The franchisee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall:
(1) Not endanger or interfere with the health, safety or lives of persons;
(2) Not interfere with any improvements which the town, county or state may deem proper to make;
(3) Not interfere with the free and proper use of public rights-of-way, alleys, bridges, easements or other public property, except to the minimum extent possible during actual construction or repair;
(4) Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repairs; and
(5) Not obstruct, hinder or interfere with any gas, electric, water, wastewater, reclaimed water, stormwater drainage, telephone, or other utility facilities located within the town.
(h) Restoration to prior condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the franchisee shall, at its own cost and expense and in a manner approved by the town, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley disturbed, in as good a condition as before said work was commenced and in a good workmanlike, timely manner in accordance with standards for such work set by the town or the governmental entity having operational and maintenance responsibility for the right-of-way. Unless otherwise approved by the town manager, such restoration shall be undertaken within no more than ten (10) business days after the damage is incurred and shall be completed as soon as possible thereafter.
(i) Private property. The franchisee shall promptly repair or replace all private property, both real and personal, damaged or destroyed as a result of the construction, installation, operating or maintenance of the cable system at its sole cost and expense.
(j) Tree trimming. The franchisee shall trim trees or other vegetation to prevent branches, leaves or roots from touching or otherwise interfering with its wires, cables, or other structures as follows:
(1) Except for emergencies, all tree/root trimming or pruning to be conducted on public property or public rights-of-way shall be done only with the town's prior written approval;
(2) All trimming or pruning shall be at the expense of the franchisee;
(3) Any and all persons engaged by the franchisee to provide tree trimming or pruning services shall be deemed, for purposes of the franchise, an employee or agent of franchisee when engaged in such activity, and in no event shall such person be deemed to be an employee of the town; and
(4) The franchisee shall use its best efforts to obtain the prior permission of the owner of any privately owned trees or other vegetation before it prunes or trims same.
(k) Erection, removal, and common use of poles. No poles shall be erected by the franchisee without prior approval of the town with regard to location, height, type and any other pertinent aspect. However, no location of any pole of the franchisee shall be a vested right, and such poles shall be removed, relocated or modified by the franchisee at its own expense whenever the town determines that the public safety, convenience, or aesthetics would be enhanced thereby. The Town may also require that such poles shall be removed, relocated or modified by the franchisee at the Town's expense for other reasons. No poles shall be erected by the franchisee exceeding thirty (30) feet above grade in height and shall be of a concrete construction with a diameter of not greater than ten (10) inches at the base and four (4) inches at the top. The franchisee shall also obtain hole attachment agreements for use of any utility poles or other utility facilities required in connection with the provision of services; provided, they are available on reasonable terms and conditions. In the event that a pole owned by other than the franchisee is to be moved either at the request or direction of the town and franchisee is making use of said pole, the franchisee shall remove, relocate or modify its lines, wires, appurtenance, and equipment attached to said pole at franchisee's expense at the request of the town. The town shall have the right, during the term of the franchise, to install and maintain on reasonable terms and conditions upon the poles owned by the franchisee, any wire and pole fixtures that does not unreasonably interfere with the cable system operations of the franchisee.
(l) Progress reports. For work involving right-of-way excavation for other than in the event of an emergency, prior to commencing construction, the franchisee shall provide the town with a schedule for completion of said work. If the work, whether of an emergency nature or otherwise, takes longer than five (5) days to complete, each calendar week, the franchisee shall submit to the town a written progress report detailing work completed to date construction, work remaining to be completed, and time remaining to complete said work. Such report shall include a description of the progress in applying for any necessary agreements, licenses, or certifications and any other information the town manager may deem reasonably necessary for the monitoring of the work schedule.
(m) Cumulative Leakage Index ("CLI") monitoring. The franchisee shall comply with FCC requirements with regard to CLI monitoring on an on-going basis. The results of said monitoring shall be made available to the town upon written request.
(Ord. 94-05, passed 12-14-94)