812.23   DESIGN AND CONSTRUCTION.
   (a)   Authority to Construct. Upon the grant of the franchise, and in order to construct, operate and maintain a cable system in the City, a 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)   System design. A grantee's system will at all times during the term of any franchise granted hereunder, include a residential network with a capacity for the transmission of a minimum of 550 MHZ of bandwidth.
      (2)   Technical requirements. A grantee shall maintain a system that meets FCC technical standards. Procedures for testing the technical capacity of the system shall conform to the technical and testing standards applied to cable systems by the FCC. The results of any tests required by the FCC shall be available to the City upon request.
      (3)   Public, educational and governmental access channels. A grantee shall provide three channels, one each for public, governmental and educational access. A grantee shall be permitted to use the access channels during periods when they are not otherwise being used for public, educational or governmental access programming.
      (4)   Safety.
         A.   A grantee shall, at all times, take reasonable precautions for preventing failures and accidents which are likely to cause damage or injury to the public, to employees of the grantee and to public or private property.
         B.   All lines, equipment and facilities within the cable service territory shall at all times be kept and maintained in a safe and suitable condition and in good order and repair.
   (c)   System Construction Schedule. If appropriate, the franchise shall specify the construction schedule.
(Ord. 95-17. Passed 9-18-95.)