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A. System design.
(1) The grantee shall construct, operate, and maintain a cable communications system with a residential subscriber network (Cable A) having a capacity of 54 channels. Said residential subscriber network shall consist of a minimum of single 400 MHz trunk and feeder cables. The grantee's residential subscriber network shall have bidirectional and addressable capability.
(2) The grantee shall incorporate into its cable communications systems the capability which will permit the grantor, or the highest government body as prescribed by the state, in times of emergency, to override the audio portion of all channels simultaneously, by telephone or other communicating medium to be provided by the grantee.
(a) The grantee shall designate a channel which will be used for emergency broadcasts of both audio and video.
(b) The grantee shall cooperate with the grantor in the use and operation of the emergency alert override system.
(3) The grantee shall construct, install, operate and maintain a separate institutional network (Cable B), in addition to the residential subscriber network.
(a) The institutional network shall be installed with a configuration to accommodate adequate upstream and downstream transmission.
(b) The institutional network's full upstream capabilities shall be activated initially.
(c) The institutional network shall be capable of handling data and facsimile transmissions in such a way as to make it capable of performing as a high-speed digital network.
(d) Features incorporated into the system design shall permit institutions to transmit programming via upstream institutional channels downstream on both institutional network and/or residential subscriber network channels.
(e) The grantee's system shall allow for switching between the residential subscriber network and the separate institutional network and allow for switching between points on the institutional network.
(f) The institutional network will be equipped for switching two simultaneous split- screen teleconferences, each consisting of up to five sites.
(g) The institutional network shall be capable of providing telemetry services for all institutional network users.
(h) Subject to Subsection A(3), when requested to do so by the grantor, grantee shall expand the separate institutional network so that appropriate facilities annexed in the City can be connected to said network.
(i) The institutional network shall have the capability of serving commercial users.
(j) The grantee shall extend the institutional network for a distance not to exceed 500 aerial feet without charge to all noncommercial users specified by the grantor.
(k) Institutional network channels coordinated by the access channel manager shall be available for noncommercial, nonprofit video transmissions on a party line or private line basis for annual, monthly or weekly use.
B. Geographical coverage. The grantee shall design and construct the cable communications system in such a manner as to have the capability to pass by every single-family dwelling unit, multiple-family dwelling unit, agency, and business establishment within the franchise area. Service shall be provided to subscribers in accordance with the schedules and line extension policies specified in the franchise agreement. Cable system construction and provision of service shall be nondiscriminatory, and shall not delay or defer service to any section of the franchise area on the grounds of economic preference.
C. Cablecasting facilities. The grantee shall provide cable communication facilities in accordance with the requirements of the franchise agreement.
D. System construction schedule.
(1) The grantee shall comply with the requirements of the system construction schedule contained in the franchise agreement.
(2) The grantee shall provide a detailed construction plan indicating progress schedule, area construction maps, test plan, and projected dates for offering service. In addition, the grantee shall update this information on a quarterly basis, showing specifically whether schedules are being met and the reasons for any delay.
(3) Failure to begin construction within one year after award of the franchise will be grounds for franchise revocation, at the option of the grantor.
E. Compensation for delay in construction. The grantor may in accordance with Subsection B, apply any of the following in connection with delays in system construction:
(1) Reduction in the duration of the franchise on a month-for-month basis for each month of delay exceeding 60 months.
(2) Forfeiture of the construction performance bond and/or assessment of liquidated damages not to exceed $250 per day, assessed for delays exceeding one year.
(3) Termination of the franchise for delays exceeding 18 months.
F. Provision of service. After service has been established by activating trunk and feeder cables for any area, the grantee shall provide service to any requesting subscriber within that area 30 days from the date of request.
G. Undergrounding of cable. The undergrounding of cables is encouraged. In any event, newly served areas shall be installed underground at grantee's cost where existing power and telephone utilities are already underground, and the grantee utilizes the same public right- of-way. Previously installed aerial cable shall be undergrounded in concert, and on a cost- sharing basis, with other utilities sharing the same pole, when such other utilities may convert from aerial to underground construction. All undergrounding plans shall be subject to prior grantor approval, and the issuance of permits, at designated permit fees. In the event that the grantee is denied access to conduit by said utility, the grantee shall notify the grantor in writing.
H. New development undergrounding. In cases of new construction of property development where power and telephone utilities are to be placed underground, the developer or property owner shall give grantee reasonable notice of such construction or development, and of the particular date on which open trenching will be available for grantee's installation of conduit, pedestals and/or vaults, and laterals to be provided at grantee's expense. Grantee shall also provide specifications as needed for trenching.
I. Service at multiple-dwelling units. In cases of multiple-dwelling units serviced by aerial utilities, grantee shall make every effort to minimize the number of individual aerial drop cables.
J. Street occupancy.
(1) Grantee shall utilize existing poles, conduits and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities on public property until the written approval of the grantor is obtained. However, no location of any pole or wire-holding structure of the grantee on public property shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the grantor determines that the public convenience would be enhanced thereby.
(2) Grantee shall notify the grantor at least 10 working days prior to the intention of the grantee to commence any construction in any streets. The grantee in granting any permits required, providing such grant and subsequent construction by the grantee shall not unduly interfere with the use of such streets and that proposed construction shall be done in accordance with the pertinent provisions of the ordinances of the City.
(3) All transmission lines, equipment and structures shall be so installed and located as to cause minimum interference with the rights and reasonable convenience of property owners and at all times, shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair. The grantee shall, at all times, employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any public way by the grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.
(4) Grantee shall, at its own expense, and in a manner approved by the Department of Public Works, restore to grantor's reasonable standards and specifications any damage or disturbance caused to the public way as a result of its operations or construction on its behalf. 1
(5) Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the grantor to remove any of the grantee's facilities, no charge shall be made by the grantee against the grantor for restoration and repair, unless such acts amount to gross negligence by grantor. Grantor shall notify the grantee as soon as possible.
(6) Grantee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the grantor and shall restore any damage at grantee's sole cost. Trimming of trees on private property shall require the consent of the property owner.
(7) The grantee, at his expense, shall protect, support, temporarily disconnect, relocate, or remove any property of grantee when, in the opinion of the grantor, the same is required by reason of traffic conditions, public safety, street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power line, signal line, transportation facilities, tracks, or any other types of structure or improvements by governmental agencies, whether acting in a governmental or a proprietary capacity, or any other structure of public improvement, including but not limited to movement of buildings, urban renewal and redevelopment, and any general program under which the grantor shall undertake to cause all utilities to be located beneath the surface of the ground. The grantee shall in all cases have the privilege, subject to the corresponding obligations, to abandon any property of grantee in place. Nothing hereunder shall be deemed a taking of the property of grantee and grantee shall be entitled to no surcharge by reason of anything hereunder.
(8) Upon failure of grantee to commence, pursue or complete any work required by law or by the provisions of this chapter to be done in any street, within the time prescribed and to the satisfaction of the grantor, the grantor may, at its option, cause such work to be done and the grantee shall pay to the grantor the reasonable cost thereof in the itemized amounts reported by the grantor to grantee within 30 days after receipt of such itemized report.
(9) The grantee shall make no paving cuts or curb cuts unless absolutely necessary, but only after written permission has been given by the grantor. Said permission may not be unreasonably withheld.
(10) The grantee shall install in conduit all cable passing under any major roadway.
K. Construction and technical standards.
(1) Construction standard.
(a) Compliance with safety codes. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970 and any amendments thereto as well as applicable state and local codes.
(b) Compliance with electrical codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical Code as adopted by the grantor.
(c) Antennas and towers. Antenna-supporting structures (towers) shall be designed for the proper loading as specified in Electronics Industry Association's specifications.
(d) Compliance with aviation requirements. Antenna-supporting structures (towers) 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 codes and regulations as determined by the grantor.
(e) Construction standards and requirements. All of the grantee's plant and equipment, including but not limited to the antenna site, head-end and distribution system, towers, house connections, structures, poles, wire, cable, 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 improvements the municipality may deem properly to make, or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic on municipal properties.
(f) Safety, nuisance, requirements. The grantee 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.
(2) Technical standards. The cable communications system shall meet all technical and performance standards contained in the franchise agreement.
(3) Test and compliance procedure. The grantee shall submit, for inclusion in the franchise agreement, a detailed test plan describing the methods and schedules for testing the cable communications system on an ongoing basis to determine compliance with the provisions of FCC technical standards and the franchise agreement.
(4) Special tests. At any time after commencement of service to subscribers the grantor may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's terminal. Requests for 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. The grantor shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to grantee or to the subscriber. Costs of such tests will be borne by the grantee.
L. Areawide interconnection.
(1) Interconnection. The grantee may interconnect origination and access channels of the cable communications system with any or all other cable systems in adjacent areas, upon the request of the grantor and mutual consent of all parties. Interconnection of systems shall permit interactive transmission and reception of program materials, and may be done by direct cable connection, microwave link, satellite, or other appropriate method.
(2) Interconnection procedure. Upon receiving the request of the grantor to interconnect, the grantee shall immediately initiate negotiations with the other affected system or systems.
(3) Cooperation. The grantee may cooperate with any interconnection corporation, regional interconnection authority or City, county, state and federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the City. Such cooperation shall not be unreasonably withheld.
(4) Initial technical requirements to assure future interconnection capability.
(a) All cable communications systems receiving franchises to operate within the City shall use the frequency allocations assigned by the existing system operator for all access channels television signals.
(b) Grantee(s) shall provide local origination equipment that is compatible through the area so that videocassettes or video tapes can be shared by various systems.
1. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).