(A) General. Prior to commencing any construction in the county, a grantee must obtain all necessary permits and licenses required by federal, state and generally applicable county laws, ordinances and rules, and pay all associated non-discriminatory fees. Further, a grantee shall comply with all applicable laws, ordinances, rules and standards relating to the construction, operation and maintenance of a cable system.
(B) Compliance with laws. The construction, installation and maintenance of the cable system shall be effectuated by grantee in a manner that is consistent with the laws, ordinances and construction standards of the State of North Carolina, the Occupational Safety and Health Administration, the National Electrical Safety Code, National Electrical Code and the FCC, to the extent applicable, as well as all other laws, rules, regulations and ordinances that are generally applicable and promulgated pursuant to the county’s lawful police power. All open connections on splitters, couplers and other devices shall be properly terminated.
(C) Minimum interference. All of the grantee’s construction, installation, operation, repair and maintenance, and the arrangement of its lines, cables and other appurtenances, on public or private property, shall be conducted in such a manner as to not unreasonably interfere with the rights and reasonable convenience of property owners that may be affected. In the event such work is not in accordance with applicable rules and regulations, the county may require the removal within such period of time after notice as is reasonable under the circumstances, of the grantee’s lines, cables and appurtenances from the public rights-of-way in question, at the sole expense of the grantee.
(D) Repair of property. The grantee shall promptly repair and restore any county or private property which may be damaged as a result of the construction, installation, operation, repair, maintenance or removal of the cable system. Any such property damaged or destroyed shall be promptly repaired and restored by the grantee, at the grantee’s sole cost and expense to the reasonable satisfaction of the county, to its condition prior to being damaged, or shall be replaced by grantee with equivalent property. The county may inspect and approve the condition of the public rights-of-way and cables, wires, attachments and poles after restoration. The liability, indemnity, insurance and performance bond as provided herein shall continue in full force and effect during the period of any removal and until the grantee has fully complied with the terms and conditions of this chapter and the franchise agreement. In the event of a failure by the grantee to complete any restoration work required by the county within the time as may be established by the county and to the reasonable satisfaction of the county, the county may, following reasonable notice to the grantee, cause such work to be done and the grantee shall reimburse the county the cost thereof within 30 days after receipt of an itemized list of such cost, or the county may at its option recover such costs through the performance bond provided by grantee. The county shall be permitted to seek legal and equitable relief to enforce the provisions of this section.
(E) Erection of poles. The grantee shall not erect any pole on or along any public rights-of-way in an existing aerial utility system without the advance written approval of the county. If additional poles in an existing aerial route are required, the grantee shall negotiate, as needed, with the owners thereof for the installation of the needed poles. The grantee shall negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction, under mutually acceptable terms and conditions.
(F) Reservations of street rights. Nothing in this chapter shall be construed to prevent the county from constructing storm or sanitary sewers, grading, paving, repairing or altering any public rights-of-way, or laying down, repairing or removing water mains, traffic signal control systems, county fiber plant or constructing or establishing any public utility, service or other public work that the county may operate or undertake now or in the future. All such work shall be done, insofar as practicable, in such manner as not to obstruct, injure or prevent the free use and operation of poles, wires, conduits, conductors, pipes or appurtenances of the grantee. If the county, in its reasonable judgment, shall determine that the grantee’s facilities interfere with the construction location or repair of any public right-of-way or public improvement, then all such facilities of the grantee shall be removed or replaced, or temporarily disconnected, in such manner as shall be directed by the county so that the same shall not interfere with the public works of the county. Such removal or replacement shall be at the expense of grantee; provided, however, that, nothing in this chapter shall preclude grantee from seeking reimbursement for removal or replacement costs from any public funds generally available to rights-of-way users for the reimbursement of such costs.
(G) Underground installation. In those areas within the county where cable television, telephone or electrical facilities are currently placed underground, all cable system facilities shall remain or be placed underground. In areas where either telephone or electric utility facilities are above ground at the time of installation, the grantee may install its cable system facilities above ground; provided that, at such time as both electric and telephone utility facilities are placed underground, the grantee shall likewise place its cable system facilities underground without cost to the county. Nothing contained in this section shall require a grantee to construct, operate and maintain underground any ground-mounted appurtenances; except that, grantee shall take steps to minimize the number and visual impact of such facilities. If the grantor reimburses any utility for such relocation, the grantee shall be similarly reimbursed. This section shall not prevent the county or any of its agencies or joint agencies from requiring the installation or relocation of cable services facilities underground pursuant to a separate ordinance or regulation or requirement imposed in accordance with the exercise of the general police power or regulatory function of such agency or joint agency.
(H) Conduit.
(1) The county shall not be responsible for any cuts or damage to buried or underground facilities of a grantee that are not clearly marked or cannot be located through the North Carolina “one-call” service.
(2) The grantee shall provide the county detailed strand and trench maps in both paper and a mutually agreed upon electronic format of all new underground and buried cable facilities upon activation of such sections of the system, as may be necessary to ensure compliance with this chapter or a franchise agreement. Should the grantee consider this information of a proprietary nature, the maps may be viewed at the grantee’s facility.
(3) The grantee shall provide a contact number for the county to call in emergency situations requiring an immediate response on the part of the county. If the grantee does not properly and effectively identify the precise location of its facilities within 45 minutes of an emergency call from the county, the county shall not be responsible for damage to the grantee’s facilities.
(I) Clearing poles and cables. The grantee shall have the right to remove, trim, cut and to keep clear of its poles, cables, underground conduits and related equipment the trees, shrubs and woody plants in and along the public rights-of-way, but, in the exercise of such right, the grantee shall not cut such trees, shrubs and woody plants to any greater extent that is reasonably necessary for the construction, erection, installation, maintenance and use of cable system equipment. Except in emergency situations, all tree, shrub and woody plant pruning shall be carried out under the supervision of the County Arborist and shall be governed in accordance with pruning guidelines of the American National Standard Institute and National Electric Code. The grantee shall compensate the county or any private owners of such trees, shrubs and woody plants for any damage caused by the grantee’s negligent conduct.
(J) Moving facilities. The grantee, on the request of the county, or any person holding a building permit issued by the county, or any permit issued by an appropriate state agency, shall temporarily move its wires, cables, poles or other cable system facilities to permit the moving of large objects, vehicles, buildings or other structures. The expense of such temporary moves shall be paid to the grantee by the person requesting the same and grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 30 days’ advance notice to arrange for such temporary moves.
(K) Work performed by others. To the extent applicable, all provisions of this chapter shall apply to any subcontractors or others performing any work or services pursuant to the provisions of a franchise agreement on behalf of a grantee.
(L) Liability. Nothing contained in this chapter shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring the grantee’s facilities while performing any work connected with grading, re-grading or changing the line of any public rights-of-way or with the construction of any sewer or water system or utility system.
(Ord. passed 12-19-2005)