(A) General requirement. No provider shall receive a franchise or license unless it agrees to comply with each of the terms set forth in this section governing construction and technical requirements for its system, in addition to any other requirements or procedures specified by the city, the franchise, or license, including requirements regarding co-location and cost sharing.
(B) Quality. All work involved in the construction, operation, maintenance, repair, upgrade, and removal of the system shall be performed in a safe, thorough, reliable, and workmanlike manner using materials of good and durable quality. If, at any time, it is determined by the city, or any other agency or authority of competent jurisdiction, that any part of the system, including, without limitation, any means used to distribute signals over, or within, the system, is harmful to the public health, safety, or welfare, or the quality of service or reliability, then a provider shall, at its own cost and expense, promptly correct all such conditions.
(C) Licenses and permits. Nothing in this chapter, or any franchise or license granted hereunder, shall constitute, or be deemed to constitute, authority or permission from the city for a provider to use private property. Each provider shall have the sole responsibility for diligently obtaining, at its own cost and expense, all permits, licenses, or other forms of approval or authorization necessary to construct, operate, maintain, upgrade, or repair the system, including, but not limited to, any necessary approvals from persons and/or the city to use private property, easements, poles, and conduits. A provider shall obtain any required permit, license, approval, or authorization, including, but not limited to, road cut permits, pole attachment agreements, and the like, prior to the commencement of the activity for which the permit, license, approval, or authorization is required. Permission for access to private property shall be obtained consistent with the requirements of § 114.35.
(D) Relocation of the system.
(1) If the grades or lines of any rights-of-way within the franchise or license area are changed at any time in a manner affecting the system, then a provider shall, at its own cost and expense and upon reasonable notice by the city, promptly protect or promptly alter or relocate the system, or part thereof, so as to conform with such new grades or lines. In the event that a provider unreasonably refuses or neglects to so protect, alter, or relocate all or part of the system, the city shall have the right to break through, remove, alter, or relocate such part of the system without any liability to a provider, and a provider shall pay to the city the costs, including overhead, incurred in connection with such breaking through, removal, alteration, or relocation.
(2) The city may, at any time, in case of fire, disaster, or other emergency, as determined by the city in its sole and reasonable discretion, cut or move any poles, optical fibers, wires, cables, amplifiers, materials, equipment, appliances, or other parts of the system and appurtenances on, over, or under the rights-of-way of the city, in which event, the city shall not be liable therefor to a provider. The city shall notify a provider in writing prior to, if practicable, but in any event as soon as possible, and in no case later than the next business day following any action taken under this section.
(3) A provider shall, upon prior written notice by the city or any person holding a permit to move any structure, and within the time that is reasonable under the circumstances, temporarily move any part of its system to permit the moving of said structure. A provider may impose a reasonable charge on any person other than the city for any such movement of its wires or affected facilities or structures.
(E) Protect structures. In connection with the construction, operation, maintenance, repair, upgrade, or removal of the system, a provider shall, at its own cost and expense, protect any and all existing structures belonging to the city and all designated landmarks, as well as all other structures within any designated landmark district. A provider shall obtain the prior written consent of the city to alter any water main, power facility, sewerage, or drainage system, or any other municipal structure on, over, or under the rights-of-way of the city required because of the presence of the system. Any such alteration shall be made by the city, or its designee, on a reimbursable basis. A provider agrees that it shall be liable for the costs incurred by the city to replace or repair and restore to its prior condition, in a manner as may be reasonably specified by the city, any municipal structure, or any other rights-of-way of the city involved in the construction, operation, maintenance, repair, upgrade, or removal of the system that may become disturbed or damaged as a result of any work thereon by, or on behalf of, a provider pursuant to the franchise or license.
(F) No obstruction. In connection with the construction, operation, maintenance, upgrade, repair, or removal of the system, a provider shall not unreasonably obstruct the rights-of-way of the city, subways, fixed guideway systems, railways, passenger travel, or other traffic to, from, or within the franchise or license area without the prior consent of the appropriate authorities.
(G) Safety precautions. A provider shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, security personnel, and suitable and sufficient lighting, and such other requirements prescribed by OSHA and the State OSHA franchise, or the licensee shall comply with all applicable federal, state, and local requirements including, but not limited to, the National Electric Safety Code.
(H) Repair. Any rights-of-way within the city which are disturbed or damaged during the construction, operation, maintenance, or reconstruction of a provider’s telecommunications system or open video system shall be repaired by the city at the provider’s expense, on a reimbursable basis, to a condition as good as that prevailing before such work was commenced.
(I) City may repair. Upon the failure, refusal, or neglect of a provider to comply with the provisions of this chapter, the Council, after reasonable notice is given to such a provider, may cause the work or other activity required by this chapter to be completed or performed, in whole or in part, to the satisfaction of the city. Upon so doing, the city shall submit to such a provider an itemized statement of the cost for repairing and restoring the public rights-of-way upon which the provider has intruded. The provider shall, within 30 days after receipt of the statement, pay to the city the entire amount thereof.
(J) System maintenance. A provider shall:
(1) Install and maintain all parts of its system in good condition throughout the entire period of its franchise or license;
(2) Install and maintain its system in accordance with standard prudent engineering practices and shall conform, when applicable, with the National Electrical Safety Code and all applicable other federal, state, and local laws or regulations; and
(3) At all reasonable times, permit examination by any duly-authorized representative of the city of the system, together with any appurtenant property of a provider situated within or without the city.
(K) Trimming of trees. A provider shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinances, and easement restrictions, upon and hanging over public rights-of-way so as to prevent the branches of such trees from coming in contact with its system. The City Public Works Department representatives shall have authority to supervise and approve all trimming of trees conducted by a provider.
(Prior Code, § 13.09.060) (Ord. 10-98, passed 5-20-1998)