(A) Authority to construct.
(1) Authorization to commence construction and application procedures. Within thirty (30) days after acceptance by the Grantee of a Franchise, the Grantee of an initial franchise shall apply for any needed contracts for pole use. Pole space and other facilities obtained from the City, utilities, and other lawful users of the public way shall be at the cost and expense of the Grantee. Within thirty (30) days after completion of the make-ready survey identifying the routes of the system facility, the Grantee shall apply for all additional licenses from the State, City, or other necessary parties, such as the railroads for crossing under or over their property. In any event, all necessary applications for permits, licenses, certificates and authorizations shall be applied for in a timely fashion so that such filing and processing shall not interfere with or cause delay with the construction scheduled as outlined in the Franchise. Failure to make such timely application and timely filing shall constitute a substantial violation of this Ordinance.
(2) Power to contract. Upon grant of the Franchise and in order to construct, operate and maintain a cable system in the City, the Grantee may enter into contracts with any public utility companies or any other owner or lessee of any poles or underground areas located within or without the City; obtain right-of-way permits from appropriate City, State, County, and Federal officials necessary to cross or otherwise use highways or roads under their respective jurisdiction; obtain permission from the Federal Aviation Administration to erect and maintain antennas; and obtain whatever other permits a City, County, State or Federal agency may require.
(B) Construction and technical standards.
(1) Compliance with construction and technical standards. Grantee shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, FCC technical standards, and those standards are incorporated by reference herein. The Grantee, through the System, shall provide uniform, strong signals which are free from any significant distortion and interference. The System shall be designed, constructed, operated and maintained for 24-hours-a-day continuous operation.
(2) Permits. Grantee shall comply with the City's generally applicable normal permitting process prior to commencing any work in the streets, utility easements, or public rights-of-way. No work in the streets or public rights-of-way shall be commenced until such time as any and all required permits have been issued by the City. The City shall not unreasonably withhold or delay the granting of any permit.
(3) Contractor qualifications. Any contractor proposed for work of construction, installation, operation, maintenance, and repair of system equipment must be properly licensed under laws of the State, and all local ordinances.
(4) Minimum interference. The Grantee's system and associated equipment erected by the Grantee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. No pole or other fixtures placed in any public ways by the Grantee shall be placed in such a manner as to interfere with normal travel on such public way.
(5) City maps. The City does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In public rights-of-way, where necessary, the location shall be verified by excavation.
(6) Quality of construction. Construction, installation, operation, and maintenance of the cable television system shall be performed in an orderly and workmanlike manner, in accordance with then current technological standards. All cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
(7) Construction standards. The construction, installation, operation, maintenance, and/or removal of the cable television system shall meet all of the following safety, construction, and technical specifications and codes and standards:
Occupational Safety and Health
Administration Regulations (OSHA)
National Electrical Code
National Electrical Safety Code
(NESC)
Bell Telephone Systems Code of Pole
Line Construction, where applicable
All Federal, State and Municipal
Construction Requirements, including
FCC Rules and Regulations
Utility Construction Requirements
All Building and Zoning Codes, and
All Land Use Restrictions as the Same Exist or may be Amended Hereafter.
(8) Non-interference. In any event, the system shall not endanger or interfere with the safety of persons or property in the Franchise area or other areas where the Grantee may have equipment located.
(9) Antennas. Any antenna structure used in the cable television system shall comply with construction, marking, and lighting of antenna structure standards as required by Federal and State law or regulation.
(10) RF Leakage. The Grantee shall comply with FCC rules and regulation regarding RF leakage.
(11) Standby Power. The Grantee shall maintain equipment capable of providing standby power for a minimum of eight (8) hours for the headend and two and one-half (2½) hours at fiber optic nodes.
(C) Construction completion. The Franchise shall specify the construction completion time.
(D) Extension of service. The Grantee shall provide service to all new dwelling units or commercial subscribers as specified in the Franchise and in any additional areas annexed to the City within six (6) months. Service to new commercial subscribers shall be provided on a time and materials basis.
(E) Use of streets.
(1) Underground installation. All installations shall be underground in those areas of the City where public utilities providing both 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, Grantee may install its service above ground, provided that at such time as those facilities are required to be placed underground by the City or are placed underground, the Grantee shall likewise place its services underground without additional cost to the City. If the City compensates any utility for such underground construction, the City shall also compensate the Grantee. Where not otherwise required to be placed underground by this Ordinance or the Franchise, the Grantee'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. All cable passing under the roadway shall be installed in accordance with local law and regulation.
(2) Permits. As required by generally applicable local law or regulation, the Grantee shall prior to construction or alteration, in each case file plans with the appropriate City agencies, enter into use agreements with the utility companies, obtain all construction permits and receive approval of the City before proceeding.
(3) Interference with persons, improvements, public and private property and utilities. The Grantee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall:
(a) Not endanger or interfere with the health, safety or lives of persons;
(b) Not interfere with any improvements the City, County or State may deem proper to make;
(c) Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair;
(d) Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair; and
(e) Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the City.
(4) Restoration to prior condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Grantee shall, at its own cost and expense and in a manner approved by the City, which approval shall not be unreasonable withheld, 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 City. Such restoration shall be undertaken within no more than 10 business days after the damage is reported and shall be completed as soon as possible thereafter.
(5) Relocation of the facilities. In the event that at any time during the period of the Franchise, the City, County or State shall lawfully elect to alter, or change, the grade of any street, alley or other public ways, the Grantee, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. If the City compensates any utility for such changes, the City shall also compensate the Grantee.
(6) Cooperation with building movers. The Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than fifteen (15) working days' advance notice to arrange for such temporary wire changes.
(7) Tree trimming. The Grantee shall have the authority, except when in conflict with existing City ordinances, to trim any trees upon and overhanging public right-of-way so as to prevent the branches of such trees from coming in contact with system facilities, except that at the option of the City, such trimming may be done by it, or under its supervision and direction, at the expense of the Grantee.
(8) Easements. All necessary easements over and under private property shall be arranged for by the Grantee.
(9) Private property. Grantee shall be subject to all laws, Ordinances or regulations regarding private property in the course of constructing, installing, operating or maintaining the cable television system in the City. Grantee 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 television system at its sole cost and expense.
(10) Public property. The Grantee shall, prior to performing any underground construction, use all reasonable efforts to locate, in advance, any water, sewage, and drainage lines. Where any damages or alterations occur to the City's water, sewage, natural gas, or drainage lines or to any other municipal structures in the streets during the construction due to the presence, negligence, operation or maintenance of the cable television system, the sole cost of such repairs including all services and materials will be billed against the Grantee and these charges shall be paid within thirty (30) days or the City may foreclose on performance bonds, or invoke other appropriate sanctions provided for in this Ordinance.
(F) Erection, removal and common use of poles.
(1) Approval for poles. No poles shall be erected by the Grantee without prior approval of the City with regard to space available in the right-of-way, location, height, types and any other pertinent aspect. However, no location of any pole of the Grantee shall give rise to a vested interest and such poles or structures shall be removed or modified by the Grantee at its own expense whenever the City determines that the public convenience would be enhanced thereby.
(2) Existing poles. Where poles already exist for use in serving the City are available for use by the Grantee, but it does not make arrangements for such use, the City may require the Grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the Grantee are just and reasonable.
(G) Construction reporting requirements.
(1) Progress reports. Within sixty (60) days of the granting of a Franchise pursuant to this Ordinance, the Grantee shall provide the City with a written progress report detailing initial or rebuild construction work completed to date. Such report shall include a description of the progress in applying for any necessary agreements, licenses, or certifications and any other information the City Manager may deem necessary. The Grantee and City shall work cooperatively to establish the content and format of the report.
(2) Time frame for reports. Such written progress reports shall be submitted to the City on a quarterly basis throughout the entire construction process. The City Manager may require more frequent reporting if he/she determines it is necessary to better monitor the Grantee's progress.
(3) Subscriber information. Prior to the commencement of any system construction, the Grantee shall produce an informational document to be distributed to all residents of the area to be under construction. which shall describe the activity that will be taking place.
(H) Tests and performance monitoring.
(1) System tests. The Grantee shall conduct technical performance tests and comply with all technical standards and regulations of the FCC. A copy of any performance test reports required by the FCC shall be submitted to the City upon request. If the FCC discontinues its regulations of cable television systems and such standards remain applicable, the system shall comply with the FCC technical rules and regulations in effect on the effective date of this Franchise.
(2) City required tests. To the extent permitted by law or regulation, whenever there have been similar complaints made or when there exists other evidence, which, in the judgment of the City, casts doubt on the reliability or quality of the Grantee's system, the City shall have the right and authority, at the discretion of the City Council, to compel the Grantee to test, analyze, and report on the performance of its system. The City may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's terminal. Reports on such tests shall be delivered to the City no later than fourteen (14) days after the City formally notifies the Grantee and shall include the following information: the nature of the complaints which precipitated the special tests; what system component was tested; the equipment used, and procedures employed in said testing; the results of such tests; and methods by which said complaints were resolved. Said tests and analyses shall be supervised by a qualified technician or engineer of the Grantee, who shall sign all records of the special tests and forward same to the City with a report interpreting the results of the tests and recommending what actions should be taken. All such tests shall be at the expense of the Grantee.
(3) Consultants. The City shall have the right to employ qualified consultants and attorneys if necessary or desirable to assist in the administration of this, or any other section of this Ordinance or the Franchise at the expense of the City.
(Ord. O-1997-53, passed 12-10-97)