A. Construction Terms:
1. The operator shall comply with all applicable federal, state, and city laws, rules, regulations, codes, and other requirements in connection with the construction of the system.
2. The installation of all cables, wires, or other component parts of the system in any structure shall be undertaken in a manner which does not unreasonably interfere with the operation of any existing MATV, SMATV, MDS, MMDS, DBS, cable television or other distribution system in said structure, including any conduit used in connection with such other system. Operators of MATV, SMATV, MDS, MMDS, DBS, cable television or other distribution systems shall install their equipment so as not to unreasonably interfere with the operations of any cable television system.
3. The operator must comply with, and shall ensure that its subcontractors comply with, all rules, regulations, and standards of the city. If the installation, construction, or operation of the system does not comply with such rules, regulations, and standards, the operator must, at its sole cost, remove and reinstall such cables, wires, or other component parts of the system to ensure compliance with such rules, regulations, and standards.
4. The operator shall use its best efforts to minimize cable service interruptions during the rebuild period.
B. Construction Of System Or System Upgrade:
1. Any operator planning construction or upgrade of a cable television system in the city must submit to the city a construction schedule and specific construction sequencing plans for the construction or system upgrade accompanied by a separate map showing: a) the location of the master headend, all subheadends/hubs, headend to hub interconnect network, fiber backbone, and all studio facilities within the system; and b) the proposed distribution of all principal trunk lines throughout the system (including termination points of all lines). All such construction schedules shall be fully justified on the basis of factors which will affect construction in the city, and the operator should set out any factors which may adversely affect its ability to meet the schedules. The operator must submit an updated construction schedule to the director on a quarterly basis until the completion of the construction or system upgrade.
2. Subject to written request of the city, no less than thirty (30) days prior to completion of system construction or upgrade, the operator shall notify the city that construction or system upgrade is substantially complete. The city and the operator shall arrange for such inspections, as the city shall deem appropriate, to enable the city to ascertain whether the construction or system upgrade has been completed as scheduled. The city shall accept the completion of the construction or system upgrade upon the city's satisfaction that the obligations of the operator to complete the construction or system upgrade have been fulfilled in all respects.
C. Two-Way System: The operator shall provide a cable television system capable of (including, but not limited to, return amplifier housings) nonvoice return communications. The city and the operator will continue to review, during the term of any franchise granted pursuant to this chapter, the need and economic feasibility for implementation of a two-way operational system.
D. Interconnection: Whenever it is technically and practically feasible, an operator may so construct, operate and modify its system so as to tie the same into all other cable systems within and adjacent to the city.
E. Provision Of Service:
1. After cable service has been established by activating trunk and distribution cable for any area, the operator shall provide cable service to any requesting person, subject to lawful installation policies of the operator, ninety five percent (95%) of the time within that area seven (7) days from the date of request, provided the installation request is one hundred fifty feet (150') or less from the feeder cable.
2. The operator shall install and provide its basic cable service to all nonresidential public buildings designated by the city at no charge for either the initial installation or for monthly cable service provided at each location. Each of these installations should include a signal drop, one outlet, up to a two hundred fifty foot (250') line extension, to receive such services. If the extension exceeds two hundred fifty feet (250'), the city will be responsible for the costs of the extension beyond the first two hundred fifty feet (250'). If a converter is required, the city will pay the operator the same converter fee as other customers on the system. The public buildings to be provided this service shall include the following:
a. The city fire stations;
b. The city hall complex;
c. The city police stations.
3. There should be no limit on the number of television receivers an institution may operate from the connection referenced in subsection E2 of this section, but the expenses of installing and maintaining an internal distribution system shall be the responsibility of the institution.
4. Any internal distribution system installed by an institution listed in this section shall conform to all applicable federal, state, and city rules, regulations, and ordinances and shall be operated in such a manner so as not to interfere with the operator's system if such free cable service is to be maintained.
F. Technical Standards And Performance Testing: The operator shall construct, install, operate and maintain its system in a manner consistent with all applicable laws and FCC technical standards, and any standards set forth in its franchise agreement. In addition, the operator shall provide to the city, upon written request, a written report of the results of the operator's periodic proof of performance tests conducted pursuant to FCC standards and guidelines. The operator and the city shall comply with any other applicable laws concerning any services which the operator provides over its cable system. Repeated and verified failure to comply with FCC technical standards shall constitute a violation of the franchise entitling the city to utilize the procedures of subsection 1-12-10K of this chapter.
G. Special Testing:
1. At any time after commencement of cable service to subscribers, the city may require operator to perform additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's drop. Such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests will be limited to the particular matter in controversy. Operator shall bear the expense for such special testing.
2. The city shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to the operator or to the subscriber.
H. Operational Status Reports: Upon request, the operator shall provide to the city the following statistical information: 1) number of repair service requests; 2) breakdown by type of complaints received; 3) breakdown by cause of problems experienced on the system; 4) resolution of complaints received or problems experienced with the system.
I. Test And Compliance Procedures:
1. The operator shall perform all tests required by the FCC to verify compliance with all applicable technical standards.
2. The tests may, upon request of the city, be witnessed by representatives of the city.
3. If one or more of the locations tested fails to meet the performance standards, the operator shall immediately, normally no longer than seven (7) days from the date of testing, complete corrective measures and report, if requested, to the city the corrective measures so taken. The entire test shall then be repeated for all locations which failed initial testing. The operator shall bear the expense of all such testing.
J. Construction Timetable:
1. The operator shall give notice to the city at least thirty (30) days prior to the anticipated completion date of system construction or upgrade and again at such time as the operator has, in fact, completed all construction.
2. Upon receipt of notice that all construction has been completed, the city shall have sixty (60) days to obtain a written report from an independent engineer confirming the completion of construction; provided, however, that if the city fails to obtain such a written report within said sixty (60) days, the construction shall be deemed completed, unless the failure to obtain such a report is due to unforeseen events, acts of God, or events beyond the reasonable control of the city.
3. Notwithstanding anything contained herein to the contrary, the city may condition completion of construction upon receipt of a written report from an independent engineer, which report confirms the following:
a. That all construction has been completed or otherwise satisfactorily resolved.
b. Satisfactory test results using the technical standards set forth within this chapter at up to ten (10) widely separated subscriber drops selected by the independent engineer and using the following tests:
(1) Signal level.
(2) Hum.
(3) Band pass response of system.
(4) Carrier to noise.
c. Compliance with all applicable codes and standards.
d. Installation and the proper working of the emergency alert system.
e. Carriage of the basic service.
K. Construction Delay: The operator shall notify the city of any delay in the construction. Any and all modifications or delays in the construction schedule shall be subject to approval of the city.
L. Construction Standards:
1. All construction practices shall be in accordance with all applicable sections of the occupational safety and health act of 1970, as amended, as well as all state and local codes where applicable.
2. All installation of electronic equipment shall be of a nature consistent with industry practices, durable and installed in accordance with the provisions of the national electrical and safety code and national electrical code, as amended, and the ordinances and regulations of the FCC, state of Minnesota, and the city that are in effect now or in the future.
3. Antennas and their supporting structures (tower) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the federal aviation administration and all other applicable state or local laws, codes and regulations.
4. All of the operator's plant and equipment, including, but not limited to, the antenna site, headend and distribution system, towers, house connections, structures, poles, wire, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with known and contemplated improvements the city may deem appropriate to make or to interfere in any manner with the legal rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
5. The operator shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
M. Construction Codes And Permits:
1. The operator shall obtain all required permits from the city before commencing any work requiring a permit, including the opening or disturbance of any street, or public property or public easement within the city. The operator shall strictly adhere to all building and zoning codes currently or hereafter applicable to construction, operation or maintenance of the system in the city.
2. The city shall have the right to inspect all construction or installation work performed pursuant to the provisions of this chapter and to make such tests as it shall find necessary to ensure compliance with the terms of this chapter and applicable provisions of local, state and federal law.
3. Nothing contained in this chapter shall be construed to give the operator the authority to enter upon or work on private property in areas not encumbered with public easements without the permission of the property owner.
N. Repair Of Streets And Property: Any and all streets or public property or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the system shall be promptly repaired by the operator, at its expense, to a condition as good as that prevailing prior to the operator's construction and in a manner consistent with the provisions of the excavation ordinance of the city.
O. Undergrounding Of Cable:
1. Cable shall be installed underground at the operator's expense where both the existing telephone and electrical utilities are already underground. The operator shall place cable underground in newly platted areas within sixty (60) days of installation of all utilities (water, sewer, telephone and electrical), unless this requirement is waived by the city.
2. In the event an underground installation is required and the ground is frozen, saturated, or otherwise unable to immediately facilitate underground installation, such installation may be performed on a temporary basis in compliance with all state and federal rules, regulations, codes, or other generally applicable standards. As soon as conditions change to permit proper underground installation of the cable, the operator shall immediately, and in no event later than ninety (90) days after such conditions have changed to allow underground installation, undertake all necessary steps to install the cable underground pursuant to the terms and conditions of this chapter.
P. Reservation Of Street Rights:
1. Nothing in this chapter shall be construed to prevent the city from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work.
2. All such work shall be done, insofar as practicable, in such a manner as not to obstruct, injure or prevent the free use and operation of the poles, wires, conduits, conductors, pipes or appurtenances of the operator.
3. The operator shall promptly, and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right of way when it is necessary to prevent interference, and not merely for convenience of the local government unit, in connection with: a) a present or future city use of the right of way for a public project; b) the public health or safety; or c) the safety and convenience of travel over the right of way. Provided, however, the operator is not required to remove or relocate its facilities from a right of way that has been vacated in favor of a nongovernmental entity unless and until the reasonable costs to do so are first paid to the operator.
4. Nothing contained in this chapter shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring the operator's facilities while performing any work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system.
Q. Trimming Of Trees: The operator shall have the authority to trim trees upon and hanging over streets, alleys, sidewalks, and public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the operator. Operator shall be solely responsible for its actions pursuant to this section.
R. Vacation Of Streets And Abandoned Facilities: If the city vacates a right of way that contains the facilities of the operator, and the right of way vacation does not require the relocation of the operator's facilities, the city shall, except when it would not be in the public interest, reserve to and for itself and all right of way users having facilities in the vacated right of way, the right to install, maintain and operate any facilities in the vacated right of way, and to enter upon the right of way at any time to reconstruct, inspect, maintain, or repair the facilities.
If the city vacates a right of way that contains the facilities of the operator, and the right of way vacation requires the relocation of operator's facilities, payment of the relocation costs must be determined as follows: 1) if vacation proceedings are initiated by the operator, the operator must pay the relocation costs; 2) if the vacation proceedings are initiated by the city for a public project, the operator must pay the relocation costs, unless otherwise agreed to by the city and the operator; or 3) if the vacation proceedings are initiated for the purpose of benefiting a person other than the operator, the benefited person must pay the relocation costs.
Operator shall notify the local government unit when facilities are to be abandoned. The operator shall remove them from the right of way if required in conjunction with other right of way repair, excavation, or construction, unless this requirement is waived by the city.
S. Movement Of Facilities: In the event it is necessary temporarily to move or remove any of the operator's wires, cables, poles, or other facilities placed pursuant to this chapter, in order to lawfully move a large object, vehicle, building or other structure over the streets of the city, upon two (2) weeks' notice by the city to the operator, or such lesser time as required by title 9, chapter 3 of this code relating to moving buildings, the operator shall, at the expense of the person requesting the temporary removal of such facilities, comply with city's request. Any service disruption provisions of this chapter shall not apply in the event that the removal of the operator's wires, cables, poles or other facilities results in temporary service disruptions.
T. Enlargement Of Franchise Area:
1. In the event any new territory shall become annexed to the city, such new territory shall become, by operation of law, a part of said franchise area immediately upon the date such annexation becomes final, and said franchise area shall thereafter be deemed enlarged to include the addition of such new territory.
2. The operator shall make cable service available to any new territory within a reasonable time, as determined by the city after the annexation thereof becomes final. (Ord. 2014-04, 5-27-2014)