A. Definitions.
1. "Cable operator" means each person franchised to provide cable service over a cable system within the political jurisdiction in which the subdivision is located.
2. "Developer" means each party responsible for the acquisition, ownership, construction, management, or operation of a residential subdivision.
3. "Easement" means the streets, highways, alleys, rights-of-way, easements and riser paths of any subdivision which are dedicated or to be designated for public utility use, whether by formal instrument of dedication or by actual use in the delivery of utility services to residents.
4. "Subdivision" means:
a. A real estate development;
b. A condominium, or cooperative, mobile home or multi-unit apartment;
c. Any other multiple unit dwelling.
B. Cable Television Access to Subdivisions.
1. Each cable operator has the right to use the easements of any subdivision for the construction, installation, maintenance and repair of a cable television system and for the provision of cable services to subscribers.
2. The developer of each subdivision for which a tentative map or parcel map is required pursuant to Section 66426 of the Government Code shall identify on the map land dedicated or to be dedicated to public utility and cable television use so as to provide a franchised cable television operator a path from which to extend cable television services to each residential parcel in the subdivision.
3. Each developer shall assure that each cable operator is provided timely access to:
a. Jointly-used trenches, at the time that the trenches are opened for utility and/or cable television installation. Access shall be provided on a cost shared basis, without discrimination among users;
b. Underground easements and all riser paths used for the installation of utility and/or cable television facilities. Access shall be provided prior to the paving or sealing of any pertinent road (if within the road right-of-way) and shall be offered at all other locations no later than the time of installation of telephone or cable television.
4. No developer shall unreasonably interfere with the free and complete exercise of a cable operator's rights hereunder, or enter into any arrangement with a third party to do so.
C. Procedures.
1. A developer shall assure delivery of reasonable advance notice to each cable operator of intended subdivision construction; and timely notice (within fourteen (14) days) of the issuance of work permits related to use of subdivision easements by utilities or cable television.
2. A developer shall assure delivery to each cable operator of thirty (30) days advance notice of the opening of joint-use trenches by utilities and the use of underground easements and of riser paths by utilities or cable television.
3. No request for any governmental approval or work permit required for a subdivision shall be accepted unless accompanied by written consent of each cable operator to the adequacy of arrangements under subsection (2) of this subsection 5.60.440(C).
4. All notices sent to a cable operator hereunder shall be sent registered mail, return receipt requested, to the general manager, system manager, or to the address on file with the city. No developer may omit notice without written confirmation from the city that there are no cable operators with respect to that subdivision.
5. If a cable operator fails to install its conduit within a shared trench within five working days of the date trenching is available, as designated in the developer's notice, the cable operator shall be responsible for all costs of reopening the trench. Separate trenches created by a cable operator for a distribution plant shall be installed during any period of installation by multiple cable operators, and as contiguous as reasonably practicable to other utility trenches.
D. Residents' Choice of Cable Operator.
1. Each resident of a subdivision shall be provided with the continuing option to receive cable service from any cable operator.
2. If a developer obtains or supplies cable service to residents of a subdivision on a bulk basis, charges to residents for such services may not be combined with any rent, fee, assessment or due. Charges for such services must be separately stated, and may not be charged at less than the developers' cost of supplying such service. If a resident in such a development elects to receive service from a cable operator which is not party to the bulk agreement, the developer shall make payment to that operator of the unit charge attributable to that resident, and the pro rata share of all other consideration provided to the party to the bulk agreement for rendering cable service.
3. No developer shall enter into an agreement which has the purpose or effect of interfering with a resident's or cable operator's free and complete exercise of the rights hereunder, or enter into any arrangement with a third party to do so.
E. Remedies. Any developer who violates this section shall be subject to a stop work order; to forfeiture of any cable franchise held by it, its affiliates, or by those with whom it has contractual arrangements; and shall be liable to an aggrieved resident or cable operator for all costs and expenses required to assure the rights afforded hereunder. (Ord. 9527 § 1 (part), 1995: prior code § 3843)