A franchisee shall construct a cable television system that shall have not fewer than 24 video channels or an equivalent amount of band-width capacity, including any local origination franchisee-operated station which may also serve as the public access channel required by § 41-19 of this chapter.
The construction of trunk, feeder and drop cable may be constructed overhead where utility poles now exist and electric or telephone lines, or both, are now overhead, but where no overhead poles exist, all trunk, feeder and drop cable shall be constructed underground. Where present overhead utility poles, electric lines and telephone lines are moved from overhead to underground placement, all cable television distribution system cables located above ground within the affected area shall be similarly moved and located underground at the same time, and the cost of the movement of the cable shall be solely the obligation of the franchisee.
The franchisee shall design and construct the cable television system to provide for an audio override of all channels simultaneously, except those involved in retransmission of television broadcast programming, in case of public emergencies.
Applicants for a franchise under this chapter will be required to submit the cable system design as a part of the franchise application process. The system design will be one of the factors evaluated during consideration of any franchise awarded.
A. 
The methods of construction, installation and maintenance of the City's cable television system shall comply with the current standards set forth in the Uniform Statewide Building Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Any tower constructed for use in the cable television system shall comply with the standards contained in the current standards set forth in the Uniform Statewide Building Code.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
The installation and physical dimensions of any tower constructed for use in any cable television system shall comply with all appropriate Federal Aviation Agency regulations.
A. 
A franchisee shall construct, operate and maintain the cable television system subject to the supervision of the City and in strict compliance with all laws, ordinances, rules and regulations affecting the system.
B. 
The cable television system, and all parts thereof, shall be subject to periodic inspection by the City.
C. 
No construction, reconstruction or relocation of the cable television system, or any part thereof, within the streets shall commence until written permits have been obtained from the City. In any permit so issued, the City Engineer or other officials authorized by the City Manager may impose such conditions and regulations as a condition of the granting of the same as are necessary for the purpose of protecting any structures in the streets and for the proper restoration of such streets and structures and for the protection of the public and the continuity of pedestrian and vehicular traffic.
D. 
The City Council may from time to time issue such reasonable rules and regulations concerning the construction, operation and maintenance of the cable television system as are consistent with the provisions of this chapter and the franchise issued pursuant to this chapter.
E. 
The City Council may require that any part or all of the cable television system should be improved or upgraded by the franchisee within a reasonable time thereafter, including, without limitation, the increasing of channel capacity, the furnishing of improved equipment and the institution of a two-way transmission, provided that such improvement or upgrading of the system is found to be economically feasible. For the purpose of this subsection, a "finding of economic feasibility" shall mean a finding that the capital costs to the franchisee of such improvement or upgrading can reasonably be amortized over the then-remaining life of the franchise without substantially affecting the franchisee's rate of return or other measure of profitability agreed to by the franchisee and the City.
A. 
Should the grades or lines of the streets which the franchisee is hereby authorized to use and occupy be changed at any time during the term of the franchise, the franchisee shall, if necessary, at its own cost and expense, relocate or change its system so as to conform to such new grades or lines.
B. 
Any alteration to the water mains or sanitary sewerage or storm drainage system or to any City, state or other public facilities in the streets required on account of the presence of the cable television system in the streets shall be made at the sole expense of the franchisee. During any work on the constructing, operating or maintaining of the system, the franchisee shall also, at its own expense, protect any and all existing structures belonging to the City or any other person. All work performed by the franchisee pursuant to this section shall be done in the manner prescribed by the City.
Nothing in this chapter shall be in the preference or hindrance to the right of the City to perform any public works or public improvements of any description, and should the system in any way interfere with the construction, maintenance or repair of such public works or public improvements, a franchisee shall, at its own cost and expense, protect or relocate its system, or part thereof, as reasonably directed by the City.
The franchisee shall comply with all existing and future requirements of the FCC or its successor's governing technical standards. The City reserves the right to adopt its own technical standards when permitted to do so.