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1.
Use of Streets. For the purposes of operating and maintaining a system in City, Grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, across and along the streets within the City lines, cables, conductors, ducts, conduits, vaults, maintenance holes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the system, provided that all applicable permits are applied for and granted, all fees paid and all other City codes and ordinances otherwise complied with. However, no rights hereunder may be transferred by Grantee to any other entity except Grantee’s construction agents.
2.
Filing Plans. Prior to construction or alteration, Grantee shall in each case file plans with all appropriate City departments and receive written approval of such plans, which approval shall not be unreasonably withheld. Grantee shall provide in writing a monthly progress report to Grantor through the completion of construction or alteration.
3.
Noninterference. Grantee shall construct and maintain the system so as not to interfere with other uses of streets. Grantee shall make use of existing poles and other facilities available to Grantee whenever practicable. Grantee shall notify all residents directly affected by proposed construction prior to the commencement of that work.
4.
Denial Of Use By Grantor. Notwithstanding the above grant to use the streets, no street shall be used by Grantee if Grantor, in its sole opinion, determines that such use is inconsistent with the conditions or provisions by which such street was created or dedicated or presently used.
1.
Limit Interference. All transmission and distribution structures, lines and equipment erected by Grantee within the City shall be so located as to cause minimum interference with the proper use of streets and other public places and the rights and reasonable convenience of property owners who adjoin such streets and other public places.
2.
Restoration of Streets. In case of disturbance of any street or public place, the Grantee shall, at its own cost and expense and in a manner approved by the City Engineer, replace and restore such area in as good a condition as before the work involving such disturbance was done.
3.
Tree Trimming. The Grantee shall comply with the provisions of Chapter 151 of this Code of Ordinances. Each Grantee shall be responsible for, shall indemnify, defend and hold harmless the Grantor 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 trees proximately caused by the Grantee or its officers, agents, employees, contractors or sub-contractors.
1.
Consent of Erection of Poles. No franchise shall be deemed to include an authorization, either express or implied, for 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 Grantor. Such consent shall be given upon such terms and conditions as the City Engineer may prescribe, which shall include a requirement that the Grantee perform, at its sole expense, all tree trimmings required to maintain the poles clear of obstructions.
2.
Access to Poles. With respect to any poles or wire holding structures which a Grantee is authorized to construct and install within streets, a public utility serving the Grantor may, if denied the privilege of utilizing such poles or wire-holding structures by the Grantee, apply for such permission to the City Engineer. If the City Engineer finds that such use would enhance the public convenience and would not unduly interfere with the Grantee’s operations, the City Engineer may authorize such use subject to such terms and conditions as the City Engineer deems appropriate. Such authorization shall include the condition that the public utility pay to the Grantee any and all actual and necessary costs incurred by the Grantee in permitting such use. Nothing herein shall be construed as a right for the Grantee to utilize public utility property.
1.
Underground Installation Required. Except as hereinafter provided, in all areas of the City where the cables, wires and other like facilities of a public utility are placed underground, each Grantee shall construct and install its cables, wires and other facilities underground. Amplifier boxes and pedestal mounted terminal boxes may be placed aboveground if existing technology reasonably requires, but shall be of such size and design and shall be so located as not to be unsightly or unsafe. In any area of the City where there are certain cables, wires and other like facilities of a public utility underground and at least one (1) operable cable, wire or like facility of a public utility is suspended above the ground from poles, a Grantee may construct and install its cables, wires and other facilities from the same pole with permission of the utility company which owns the poles.
2.
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 all like utilities are placed underground within an area.
If, during the term of a franchise, the Grantor, 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, maintenance holes 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 cost of relocating, provided that the Grantor 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 agency 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.
Each Grantee shall, upon request by any person holding a building moving permit or other approval issued by the Grantor, temporarily remove, raise or lower its wires to permit the movement of buildings. The expense of such removal, raising or lowering shall be paid by the persons requesting same, and a Grantee shall be authorized to require such payment in advance. A Grantee shall be given not less than thirty (30) days’ written notice to arrange for such temporary wire changes.
1.
System Design. A cable system shall be a minimum of 300 MHz bandwidth or its functional equivalent.
2.
Service. Service shall be provided to subscribers in accordance with the schedules and line extension policies specified in Section 113.03. Cable system construction and provision of service shall be nondiscriminatory, and Grantee shall not delay or deter service to any section of the franchise area on the grounds of economic preference.
3.
PEG Facilities and Access Channel. Grantee shall provide a channel for use by the Grantor for public, educational, and government (PEG) cablecasting. Grantee will also provide to Grantor, at no charge, technical and engineering assistance in the development by Grantor of PEG access facilities. Grantee will also order for Grantor equipment for PEG access facilities at Grantee’s discounts. Any equipment ordered by Grantee for Grantor will be at the expense of the Grantor and said equipment shall be owned by Grantor.
4.
System Construction Schedule.
A.
Grantee shall comply with the requirements of the system construction or upgrade schedule contained in the franchise agreement.
B.
Grantee shall provide a detailed construction or upgrade plan indicating progress schedules, area construction maps, test plan, and projected dates for adding service. In addition, Grantee shall update this information on a monthly basis, by submitting a copy of its normal internal progress reports, showing specifically whether schedules are being met and the reason for any delays.
5.
Provision of Service. After service has been established by activating trunk and distribution cables for any area, Grantee shall provide service to any requesting subscriber within the area within thirty (30) days from the date of the request.
1.
Each 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.
Each Grantee shall provide to the Grantor written reports of the Grantee’s annual proof of performance tests conducted pursuant to FCC standards and requirements.
2.
Each Grantee shall at all times comply with the National Electrical Safety Code (National Bureau of Standards); National Electrical Code; National Bureau of Fire Underwriters; applicable FCC and other Federal, State and local regulations; and codes and other ordinances of the City.
3.
In any event, the system shall not endanger or interfere with the safety of persons or property within the City or other areas where the Grantee may have equipment located.
4.
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.
5.
Construction, installation and maintenance of the system shall be performed in an orderly and workmanlike manner, and in close coordination with public and private utilities serving the City, following accepted construction procedures and practices and working through existing committees and organizations.
6.
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.
7.
Any antenna structure used in the system shall comply with construction, marking and lighting of antenna structures required by the United States Department of Transportation.
8.
RF leakage shall be checked at reception locations for emergency radio services so as to prove no interference signal combinations are possible.
9.
Radiation shall be measured adjacent to any proposed aeronautical navigation or communication radio sites to prove no interference to air navigational reception.
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