(A) Compliance with construction and technical standards.
(1) The grantee shall construct, reconstruct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, and FCC technical standards, which standards are incorporated by reference herein.
(2) The system shall be designed, constructed, operated and maintained for 24 hours-a-day continuous operation.
(B) State of the art. The grantee shall construct, install, operate and maintain its system in accordance with, but not limited to, the following:
(1) Unless modified by terms of grantee's franchise agreement, the system will be designed to permit a minimum of 750 MHZ operation.
(2) Where economically feasible, the system will utilize home terminals which will make the system adaptable for the development of future services.
(3) The grantee shall maintain its system facilities in a manner which will continue to enable to add new services and associated equipment as they are developed, available, and proved economically feasible and marketable to subscribers.
(C) Facility installation/construction. Prior to the erection or installation by the grantee of any towers, poles, or fixtures of five feet by five feet by four feet (5' x 5' x 4') or larger for use in connection with the installation, construction, maintenance or operation of the cable communications system under this chapter, the grantee shall first submit to the county and other appropriate parties for approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if required, together with a map and plans indicating the proposed location of all such facilities. If required for county approval, pursuant to Section 2-1.(c), the grantee shall also provide such description and drawings for underground construction.
(D) Contractor qualifications. Any contractor proposed for work of construction, reconstruction, installation, operation, maintenance and repair of system equipment must be properly licensed under the laws of the state and all local ordinances.
(E) Map accuracy. The county does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In public rights-of-way, where necessary, the location shall be verified by excavation.
(F) Work performance. Construction, reconstruction, installation, operation and maintenance of the cable communications system shall be performed in an orderly and workmanlike manner in accordance with then-current technological standards.
(1) All cables and wires shall be installed, where possible, parallel with electric and telephone lines.
(2) Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
(G) Compliance. The grantee shall at all times comply with:
(1) Occupational Safety and Health Administration (OSHA) regulations;
(2) The National Electric Code;
(3) The National Electrical Safety Code (NESC);
(4) The AT&T Manual of Construction Procedures (Blue Book);
(5) All federal, state, county, and municipal construction requirements including FCC rules and regulations and utility construction and requirements; and
(6) All building and zoning codes, and all land use restrictions as the same exist or may be amended hereafter.
(H) Antennas. Any antenna structure used in the cable communications system shall comply with construction, marking, and lighting of antenna structure standards as required by federal and state laws or regulations.
(I) Work facilities, conditions, and procedures. All worker facilities, conditions, and procedures that are used during construction, installation, operation and maintenance of the cable system shall comply with the standards of the Occupational Safety and Health Administration.
(J) RF Leakage. RF leakage shall be checked at the reception location for emergency radio services to prove measurable interference signal combinations are possible.
(1) Stray radiation shall be measured adjacent to any proposed aeronautical navigation radio sites to prove no measurable interference to airborne navigational reception in the normal flight pattern.
(2) FCC rules and regulations shall govern.
(3) The system shall cause no measurable interference in television signal reception to any operating receiver not connected to and serviced by the system.
(K) Standby power. The grantee shall maintain equipment capable of providing standby power for a minimum of four hours for the headend and all fiber optic nodes.
(L) Health/safety. If, at any time, it is reasonably determined by the county 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 health or safety of any person, then the grantee shall, at its own cost and expense, promptly correct all such conditions.
(M) County not liable. Except for acts of willful misconduct or gross negligence, neither the county nor its officers, employees, agents, attorneys, consultants or independent contractors shall have any liability to the grantee or any affiliated person for any liability as a result of or in connection with the protection, breaking through, movement, removal, alteration, or relocation of any part of the system by or on behalf of the grantee or county in connection with any emergency, public work, public improvement, alteration or any municipal structure, any change in the grade or line of any street, or the elimination, discontinuation, and closing of any street.
(Ord. 3502, passed 10-7-02)