A. Coordination. The Village and licensees shall each designate a single point of contact to coordinate and facilitate all construction, installation, repair and maintenance issues.
B. Construction standards.
1. At all times, licensees shall meet or exceed all the construction requirements established in this Code, including chapter 9, entitled “construction of utility facilities in the public rights-of-way,” and all other Village codes and ordinances.
2. Licensees shall comply in all respects with applicable codes and industry standards, including but not limited to the National Electric Safety Code (latest edition); the National Electric Code (latest edition, with such amendments as may be adopted by the Village from time to time); the Bellcore Code of Pole Line Construction; all rules, standards, practices, and procedures of the FCC; and, the requirements of other utilities whose poles and conduits it uses.
C. Easement usage. Licensees shall comply with all federal, state, and local laws and regulations governing the construction, installation, operation, and maintenance of a cable system and the applicable franchise agreement. Without limitation, licensees shall ensure:
1. Minimal interference with the functioning, convenience and appearance or safety of the property on which the easement is located, and that the safety of persons in the vicinity shall not be adversely affected by the installation or construction of facilities necessary for the cable system;
2. The owner of the property is compensated by the licensee for any physical damage to the property caused by the installation, construction, operation, or removal of such facilities by the licensee.
D. Notice of construction to residents. Licensees shall provide advance notice of construction, prior to entry, whenever desiring to enter or cross any private property within the Village or work in abutting streets or public ways where the work is subject to Village permitting requirements. During maintenance work, installation work, and outage repair, a licensee shall use its best efforts to attempt to notify affected residences (such as by knocking and, if no answer, leaving a door hanger) prior to entering private property. Work performed in an emergency in easements, streets or public ways to repair the cable system is exempted from this section.
E. Conflicts between municipal code and franchise agreement. In the event of any conflict with, or inconsistency between, the provisions of a franchise agreement and the provisions of this Code, the provisions of the franchise agreement shall govern and control during the term of such agreement.
F. Conflicts with state and federal laws. In the event that applicable federal or state law or regulations conflict with the requirements of this chapter or the corresponding requirements of this Code, licensees shall comply with the requirements of this chapter or this Code to the maximum extent possible without violating federal or state laws or regulations.
G. Emergency notification. Licensees shall provide the Village manager with a twenty-four (24) hour emergency telephone number at which a representative of the licensee (not voice mail or a recording) can be contacted in the event of an emergency.
H. Location of cable or video system lines and cables.
1. All new lines and cables on any right-of-way in the Village shall be located underground.
2. All service drops shall be placed underground. All temporary service drops placed between November 1 of the prior year and March 15 of the current year, also known as snowdrops, shall be buried by May 31 of the current year, weather permitting, unless otherwise permitted by the Village. Weather permitting, licensees shall bury all temporary drops, excluding snowdrops, within ten (10) business days after placement.
3. Licensees shall install all cable or video system lines and cables that are within Village right of way underground, and shall re-install underground those existing overhead cable or video system lines and cables within Village right of way, where designated by the Village. The installation of a licensee’s cables and lines underground shall be in accordance with applicable Village ordinances as well as the franchise agreement.
I. Relocation of the system.
1. By licensee. Each licensee shall, at its own cost and expense, protect, support, disconnect, relocate or remove from the public ways any portion of its cable system or video system when reasonably required to do so by Village, which shall include any of the following circumstances:
a. street or other public excavation, construction, repair, grading, regrading;
b. traffic conditions;
c. the installation of sanitary and storm sewers and related facilities and appurtenances, water mains and services, power or signal lines, trackways or tracks;
d. the undergrounding of the Village’s electric distribution lines;
e. the vacation, construction or relocation of streets or any other type of structure;
f. other improvements by the Village or another public agency; and
g. any other type of improvement or work which the Village reasonably deems necessary for the public health, safety or welfare.
In the event the Village compensates utilities to move their facilities, licensees shall also be compensated using the same standard for such work. However, if the Village is required by court order to compensate a third party public utility for undergrounding its cables, lines or other facilities, no obligation or duty to compensate the licensee shall arise on the part of the Village because such compensation was not voluntarily paid by the Village.
2. Closing of public ways. Nothing in this chapter shall be construed as a waiver or release of the rights of the Village in and to the public ways. In the event that all or part of the public ways within the authorized area are (1) closed to utilities and services such as cable services; or (2) vacated or if ownership of the land under the affected public ways is otherwise transferred to another person, all rights and privileges granted pursuant to a franchise agreement with respect to such public ways, or any part of such public ways so closed, vacated, or transferred, shall cease upon the effective date of such closing, vacation, or transfer, and each licensee shall remove its cable system from such public ways at its own cost and expense. If such closing, vacation, or transfer of any public way is undertaken for the benefit of any private person, the Village shall, as appropriate, condition its consent to such closing, vacation, or transfer of such public way on the agreement of such private person to: (i) grant the franchisee the right to continue to occupy and use such public way; or (ii) reimburse the franchisee for its reasonable costs to relocate the affected part of the cable system. The Village shall provide reasonable prior notice to licensees of any such closing, vacation, or transfer to allow each licensee to remove its cable system where the right to continue to occupy and use such public way is not reserved for licensees.
J. As-built maps/location of facilities. Licensees shall at all times maintain, and upon written request by the Village shall provide, a full and complete set of “as built” maps showing the exact location of all cable system equipment installed or in use in the franchise area, exclusive of electronics, subscriber drops and equipment provided in subscribers' homes. These maps shall be provided in a standard electronic format and medium agreed upon by the Village and licensees, and shall be treated as proprietary and confidential by the Village to the extent permitted by law.
(MC-10-2007, Added, 07/10/2007)