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(A) Standards. All holders of a state-issued authorization to provide cable or video services shall be subject to construction and technical standards and right-of-way occupancy standards set forth in Ord. 1826 and other city ordinances relating to the use of public rights-of-way, pole attachments, permit obligations, indemnification, performance bonds, penalties or liquidated damages as may apply to a provider of cable or video services operating pursuant to a franchise granted by the city under such ordinances. Notwithstanding any other provisions of law, if the city is permitted by law to require a holder of a state-issued authorization to seek a permit to install, construct, operate, maintain or remove its cable service, video service or telecommunications network within a public right-of-way, those permits shall be deemed granted within 45 days after being submitted, if not otherwise acted upon by the city; provided, the holder complies with the requirements applicable to the holder imposed by the city.
(B) State provisions. All holders of a state-issued authorization to provide cable or video service that provide such services within the city shall be subject to the additional provisions set forth in ILCS Ch. 220, Act 5, § 21-1001, as amended.
(C) General requirements. In addition to the above requirements, all holders of a state-issued authorization to provide cable or video services shall be subject to the following general requirements regarding placement and location of such a holder’s facilities.
(1) No interference with city facilities. No facilities shall be placed in any location if the City Engineer determines that the proposed location will require the relocation or displacement of any of the city’s utility facilities or will otherwise interfere with the operation or maintenance of any of the city’s utility facilities.
(2) Minimum interference and impact. The proposed location shall cause only the minimum possible interference with the use of the rights-of-way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said rights-of-way.
(3) No interference with travel. No facility shall be placed in any location that interferes with the usual travel on such rights-of-way.
(4) No limitations on visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the rights-of-way.
(5) Size of utility facilities. The proposed installation of facilities shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals and/or cabinets then in use by the facility owner, regardless of location, for the particular application.
(6) Location and screening. A holder of a state-issued authorization shall comply with the city’s reasonable requests to place equipment on public property where possible, and promptly comply with the city’s direction with respect to the location and screening of equipment and facilities.
(D) Insurance. All holders of a state-issued authorization to provide cable or video services shall maintain insurance, as provided in Ord. 1826, or provide the city evidence of self-insurance.
(E) Enforcement. The requirements of the Cable and Video Competition Law of 2007 (codified at ILCS Ch. 220, Act 5, Art. 21) shall apply to all holders of a state-issued authorization to provide cable and video services under the terms thereof and, to the extent provided by law, the city may enforce such provisions as a condition of this section, consistent with ILCS Ch. 220, Act 5, § 21-1301(a).
(F) Emergency alert system. A provider of cable or video services, whether providing such services pursuant to a state-issued authorization or a local franchise (“provider”), shall comply with 47 U.S.C. § 544(g) and all regulations issued pursuant thereto in addition to the supplementary requirements herein. In addition, consistent with the provisions of ILCS Ch. 220, Act 5, § 21-701, a provider shall on request of the city provide an override capability so that city may access the provider’s system with a audio and visual message on all channels in the event of an emergency or disaster. A provider will provide the necessary electronic equipment for such emergency override system. Further, a provider will maintain said equipment and provide for regularly scheduled testing by the city to ensure that the equipment is functioning properly. Except as may be otherwise agreed or required by law, the required telephone or other connection to the emergency alert system shall be the responsibility of a provider.
(G) Application to local franchisees. The requirements of this section shall also apply to providers of cable service or video service providing such services pursuant to a local franchise or other authority from the city to the extent permitted by applicable law; provided such application does not violate the terms of such local franchise or authority.
(1999 Code, § 114.03) (Ord. 3559, passed 1-7-2008)