In new residential developments in which the electric power and telephone utilities are underground, or are required to be placed underground pursuant to subsection 11-5-11G of this chapter, the following procedure and requirements shall apply with respect to access to and utilization of underground easements and the installation of facilities for cable television (CATV) service:
A. The subdivider shall contact and survey all CATV operators who have received a franchise from the city pursuant to title 7, chapter 7 of this code to ascertain which operators desire to provide CATV service to the subdivision. The subdivider may establish a reasonable deadline to receive CATV operator responses. The final map or final parcel map, or in the case of residential projects not requiring a subdivision or parcel map, the final site plan or (if none) final building plans, shall indicate the CATV operators that have agreed to serve the development.
B. If two (2) or more CATV operators wish to provide service, the subdivider shall accommodate them in a joint utilities trench on a nondiscriminatory shared cost basis. If fewer than two (2) CATV operators indicate interest, the subdivider shall provide conduit to accommodate two (2) sets of CATV cables and dedicate to the city any initially unoccupied conduit. The subdivider shall be entitled to recover the costs of installing such initially unoccupied conduit if the city subsequently leases or sells occupancy or use rights to any CATV operator. Recovery of such costs shall be subject to the terms, conditions and limitations of a written agreement between the subdivider and the city.
C. The subdivider shall provide at least ten (10) working days' written notice of the date that utility trenches will be open to the franchised CATV operators that have agreed to serve the development. If a CATV operator does not reply to the subdivider within ten (10) days after receipt of such notice, the CATV operator shall be deemed to have waived the opportunity to install its CATV facilities during the period the trenches are open. When the trenches are open, CATV operators shall have two (2) working days to begin the installation of their cables, and five (5) working days after beginning installation to complete installation.
D. For residential subdivisions, compliance with this section shall be imposed as a condition of approval of any tentative map or tentative parcel map. The final map or final parcel map shall not be approved, or, for residential projects not requiring a subdivision map, the final site plan shall not be approved or a building permit shall not be issued (whichever is applicable), until the subdivider or developer submits evidence that it has, or has agreed in a subdivision agreement, parcel map agreement or other development agreement with the city that it will:
1. Notify each franchised CATV operator that underground utility trenches are to be open as of an estimated date, and that each franchised CATV operator will be allowed access to such trenches, including trenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and
2. Pursuant to subsection C of this section, receive and accept a written reply from a CATV operator that it intends to install its facilities during the period the trenches are open on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the subdivider or the developer and CATV operator, subject to a CATV operator's waiver of such opportunity as provided in subsection C of this section.
E. Participating CATV operators shall share the joint utilities trench subject to compliance with state regulatory agency and utility standards. If such compliance is not possible, the subdivider shall provide a separate trench for the television cables, with the entire cost shared among the subdivider and participating CATV operators. With the concurrence of the subdivider, the affected utilities, CATV operators and the city engineer, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to applicable law.
F. Any CATV operator wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs.
G. If the city grants an encroachment permit to an applicant for a CATV franchise to install conduit and/or cable pursuant to subsection 7-7-6E8 of this code, the city may require the applicant to provide a separate trench for its conduit and/or cable, at the applicant's cost. The construction of such separate trench, if provided, shall be coordinated with, and subject to, the subdivider's overall construction schedule. (Ord. 2000-05, 4-25-2000)