(a) Upon executing a franchise agreement with the city and provided that all applicable permits are applied for and granted, all fees paid and all other city codes and ordinances are otherwise complied with, a cable operator is authorized to occupy or use the public rights-of-way within the geographical boundaries of the city to construct, operate, maintain, repair and upgrade existing facilities and install new facilities for the purpose of providing cable service for within the geographical boundaries of the city. The cable operator may enter private property only as permitted by the owner of such private property for the purpose of constructing, operating, maintaining, repairing and upgrading facilities.
(b) Upon executing a competitive video service agreement and provided that all applicable permits are applied for and granted, all fees paid and all other city codes and ordinances are otherwise complied with, a competitive video service provider is authorized to occupy or use the public rights-of-way within the geographical boundaries of the city to construct, operate, maintain, repair and upgrade existing facilities and install new facilities for the purpose of providing competitive video service within the geographical boundaries of the city. The competitive video service provider may enter private property only as permitted by the owner of such private property for the purpose of constructing, operating, maintaining, repairing and upgrading facilities.
(c) Each provider must comply with all local, state and federal laws, if applicable, and agree in its respective franchise agreement or competitive video service agreement to comply with the requirements set forth in Chapter 808 of the Solon Codified Ordinances.
(d) Prior to any non-emergency construction, reconstruction, upgrade, rebuild or any modification or change relating to the providing of service, which includes any work which:
(1) Could result in an interruption of service lasting more than three hours;
(2) Could result in a material hindrance to traffic on the streets which is reasonably foreseeable;
(3) Could interfere with the delivery of any utility service in the city; or
(4) Could create a public nuisance or safety hazard, the provider shall, in each case, file plans with the city and receive written approval of such plans, which approval shall not be unreasonably withheld.
(e) Any provider who constructs or maintains any system necessary for the providing of service, shall do so in such a manner so as not to interfere with the use of the streets in the city. Each provider shall make use of existing poles and other facilities available to the providers. Each provider shall notify all affected persons (whether by posting signs, direct mail, advertisement in newspaper of general circulation, or other means reasonably calculated to provide general public notice) of proposed construction work at least one week prior to commencement of that work. Further, each provider shall fully participate and cooperate in any one-call or similar system for the exchange of information on the utility location or work to be conducted. Each provider shall notify in writing all persons affected by proposed underground work not less than one week prior to commencement of that work. Such notice shall include the provider’s telephone number and the name of an individual or department to contact who is able to answer questions and provide information about the work.
(f) Each provider in the city shall abide by all right-of-way provisions set forth in the Solon Codified Ordinances.
(g) Notwithstanding the above grant to use the rights-of-way, no right-of-way shall be used by any provider if the city, in its sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such right-of-way was created or dedicated, or presently used.
(h) Each provider’s rights are subject to the police powers of the city to adopt and enforce ordinances necessary to the health, safety and welfare of the public.
(Ord. 2007-106, passed 5-21-2007)