(A) Methods of construction, installation, maintenance, and repair of any cable system shall comply with the franchisee's Construction Manual, National Electric Safety Code, the National Electric Code, and National Bureau of Standards (what is commonly known as the Bell Blue Book) as affects the construction, installation, and maintenance of electrical supply and communication lines and attachments and supports. To the extent that these are inconsistent with other provisions of a franchise or state or local law, then the more stringent shall govern in order to protect the public health, safety, and welfare.
(B) It shall be the duty of a franchisee to devise and implement a preventative maintenance program for the cable system in order to insure that there is no material degradation of the cable system that would affect the citizens’ health, safety, or welfare, or negatively affect the quality of the cable services being provided. Before the franchisee implements such a program, it shall be reviewed and approved by the Board.
(C) All wires, conduits, cable, and other property and facilities of a franchisee shall be so located, constructed, installed, and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic, and travel upon the streets, rights-of-way, easements, and public ways of the community.
(D) In the event a franchisee's system creates a hazardous or unsafe condition or an unreasonable interference with property, then at its own expense the franchisee shall voluntarily, or upon the request of the city, remove that part of the system that creates the hazardous condition from the subject property.
(E) A franchisee shall not place equipment where it will interfere with the rights of property owners or with gas, electric, or telephone fixtures, or with water hydrants or mains, or with wastewater lift stations, or any other service or facility that benefits the city's or its residents’, health, safety, or welfare.
(F) It shall be the responsibility of a franchisee (acting alone or in conjunction with another person) to locate and mark or otherwise visibly indicate and alert others to the location of underground cable (or its equivalent) and other utility lines before employees, agents, subcontractors, or independent contractors of a franchisee install cable in a marketed-off area.
(G) A franchisee shall, on the request of any person holding a building moving permit, temporarily remove, raise, or lower the cable to allow the moving of the building. The expense of temporary removal shall be borne by the person requesting it, and the franchisee may require advance payment. The franchisee shall be given not less than ten days advance notice in order to facilitate the temporary cable changes.
(H) A franchisee, at either its own expense or that of a private contractor, shall protect rights-of-way and easements and support or temporarily disconnect or locate in the same street or other public way, any property of the franchisee when necessitated by reason of traffic conditions; public safety; a street closing; street construction or resurfacing; change or establishment of street grade; installation of sewers, drains, water pipes, storm sewers, storm drains, lift stations, force mains, power, or traffic signal lines; or any improvement, construction, or repair related to the city's or its residents' health, safety, or welfare.
(I) A franchisee's construction schedule and any system expansion requirements shall be detailed in the franchise agreement in a form and format determined by and acceptable to the city.
(J) Prior to a franchisee's commencing to attach wire, cable, (coaxial, fiber, or its functional equivalent) or other fixtures and appurtenances to poles or towers located within the city, it shall execute license agreements for pole attachments with the appropriate utility and acquire any necessary construction permits from the city.
(K) A franchisee shall provide service to all uncabled areas of the city with a housing density of 20 passings/homes per street mile, or fractional equivalent thereof at the prevailing installation charge throughout the rest of the system.
(L) A franchisee shall not deny service or otherwise discriminate against subscribers, its employees, or citizens on the basis of race, color, religion, national origin, age, gender, or sexual preference. A franchisee shall comply at all times with all other applicable, federal, state, and local laws relating to nondiscrimination.
(M) A franchisee shall have and maintain accurate as-built maps and schematic drawings of facilities which may be reviewed and inspected by the city or its designee.
(N) A franchisee shall construct, operate, maintain, repair, remove, replace, or restore the cable system in strict compliance with all applicable codes adopted by the city. The codes referred to specifically include, but are not limited to, construction, fire, and safety codes.
(Ord. 96-9, passed 2-26-1996)