(a) The construction, operation, maintenance and repair of cable communications systems shall be performed in compliance with all laws and practices affecting such system. This shall include, but not be limited to, zoning and safety codes, construction standards, regulations for providing notice to persons that may be affected by such system construction, and such directives governing the time, place and manner in which facilities may be installed in the public rights-of-way. Any person engaged in the construction, operation, maintenance or repair of communications facilities shall exercise reasonable care in the performance of all of its activities and shall use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property.
(b) A franchise shall be required before a permit may be issued for work associated with the construction of a cable communications system. Any permit issued for such work to a person that does not hold a franchise shall vest no rights in the permittee; the permit may be revoked at will, and the permittee shall remove all facilities installed under the permit upon demand of the city.
(c) The construction, operation, maintenance and repair of a cable communications system shall not commence until the required permits have been obtained from the proper city officials and the required fees have been paid. All work will be performed in strict accordance with the conditions of the permits. Upon the receipt of written notice of the director of public works or the director of utilities, as applicable, any work and/or construction undertaken that is not completed in compliance with the city's requirements and other applicable laws, or which is installed without obtaining necessary permits and approvals, shall be removed or caused to be removed by the franchisee.
(d) Interference with the use of the public rights-of-way by others, including others that may be installing cable communications systems, must be minimized. The city may require a person using the public rights-of-way to cooperate with others through joint trenching and other arrangements to minimize adverse impacts on the public rights-of-way and public property.
(e) Unless it is impracticable, operators of cable communications systems shall use existing poles and conduits. Any person in the public rights-of-way may not install additional poles, nor may vertical or horizontal extenders be used to increase pole capacity, without the permission of the director of public works, the director of utilities and/or any other individual(s) authorized by law to grant such permission.
(f) Whenever the facilities of all existing utilities are located or are required to be relocated underground in an area in the city, every franchisee and every operator of a cable communications system in the same area shall locate their respective facilities underground in accordance with the requirements of Chapters 12.08, 12.12 and 12.16 of the Palo Alto Municipal Code.
(g) Any and all public rights-of-way, other public property, or private property that is disturbed or damaged during the construction, operation, maintenance or repair of a cable communications system by or on behalf of a franchisee shall be promptly repaired by the franchisee at its expense. Public property and public rights-of-way shall be restored to the satisfaction of the city or to a condition as good as that which existed before the disturbance or damage occurred.
(h) A franchisee shall, by a time specified by the director of public works or the director of utilities, as applicable, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the city in the exercise of its governmental or proprietary powers by reason of traffic conditions; public safety; public rights-of-way construction and repair (including, but not limited to, regrading, resurfacing or widening); public rights-of-way vacation; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of government-owned system or utility, public work, public facility, or improvement; or for any other purpose where the work involved would be aided by the removal or relocation of the cable communications system. Collectively, such matters are referred to below as the "public work."
(1) The director of public works or the director of utilities, as applicable, shall provide written notice describing where the public work is to be performed at least one week prior to the deadline by which a franchisee must protect, support, temporarily disconnect, relocate or remove its facilities.
(2) In an emergency, or where a cable communications system creates or is contributing to an imminent danger to health, safety, or property, the city may protect, support, temporarily disconnect, remove, or relocate any and all parts of the cable communications system without prior notice, and charge the franchisee for costs incurred.
(i) To accommodate the construction, operation, maintenance or repair of the facilities of another person authorized to use the public rights-of-way or public property, a franchisee shall, by a time specified by such person, protect, support, temporarily disconnect, relocate or remove its facilities. The franchisee must be given written notice describing where the construction, operation, maintenance or repair is to be performed at least fifteen days prior to the time by which its work must be completed. The director of public works and/or the director of utilities, as applicable, may resolve disputes as to responsibility for costs associated with removal, relaying, or relocation of facilities among entities authorized to install facilities in the public rights-of-way or on public property if such entities are unable to do so themselves.
(j) A franchisee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires by a time specified to permit the moving of buildings or other objects. A franchisee shall be given not less than seven days' advance written notice to arrange for such temporary wire changes. The expense of such temporary removal or the raising or lowering of wires shall be paid by the person requesting the same.
(k) A franchisee shall remove its property in the public rights-of-way that it intends to abandon within ninety days after it gives written notice to the city of its intention to abandon. However, if, within ninety days of the receipt of written notice of abandonment, the city determines that the safety, appearance, function or use of public rights-of-way and facilities in public rights-of-way will be adversely affected, the franchisee may abandon its property after receipt of appropriate notice from the city. A franchisee that abandons its property must, upon request, transfer ownership of the property to the city at no cost, and execute necessary quitclaim deeds and indemnify the city against future costs associated with the mitigation or elimination of any environmental hazard associated with the abandoned property.
(l) Every cable communications system shall be subject to inspection and testing by the city. Each franchisee shall respond to requests for information regarding its system and plans for the system as the city may from time to time issue, including, but not limited to, a request for information regarding its plans for the construction, operation, maintenance and repair and the purposes for which the system is being constructed, operated, maintained or repaired.
(m) Each franchisee that places facilities underground shall be a member of the regional notification center for subsurface installations (Underground Services Alert) as may be required by California Government Code §§ 4216 et seq., and shall field mark the locations of its underground communications facilities upon request. A franchisee shall locate its facilities for the city at no charge.
(n) Each franchisee shall provide to the city a plan for any initial system construction, or for any substantial rebuild, upgrade or extension of its facility, which shall show its timetable for construction of each phase of the project, and the areas of the city that will be affected.
(Ord. 4636 § 6, 2000)