A. 
Within 30 days of the acceptance by the grantee of a franchise, the grantee shall apply for any needed contracts for use of poles. All necessary applications for permits, licenses, certificates and authorizations shall be applied for in a timely fashion so that such filing and processing shall not interfere with or cause delay with the construction schedule as outlined in the franchise. Failure to make such timely application and timely filing shall constitute a substantial violation of this chapter.
B. 
Upon grant of the franchise and in order to construct, operate and maintain a cable system in the County, the grantee may enter into contracts with any public utility companies or any other owner or lessee of any poles or underground areas located within or without the County; obtain right-of-way permits from appropriate county, state, and federal officials necessary to cross or otherwise use highways or roads under their respective jurisdiction; obtain permission from the Federal Aviation Administration to erect and maintain antennas; and obtain whatever other permits County, state, or federal agencies may require.
A. 
The grantee shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, FCC technical standards, and detailed technical standards submitted by the grantee as part of its application. The grantee, through the system, shall provide uniform, strong signals which are free from any significant distortion and interference. The system shall be designed, constructed, operated and maintained for twenty-four-hour-a-day continuous operation. The system shall produce, for reception on subscribers' receivers which are in good working order, either monochrome or color pictures (providing the receiver is color-capable) which are free from any significant interference or distortion which would cause any material degradation of video or audio quality.
B. 
The grantee shall construct, install, operate and maintain its system in accordance with the highest standards of the art of cable communications, such standards to include but not be limited to the following:
(1) 
The system will be spaced to permit a minimum of 450 MHz operation and will be capable of utilizing state-of-the-art converters and be compatible with cable-ready television sets whose design is compatible with the technology employed in the construction of the cable system referenced herein and for the delivery of basic service.
(2) 
The system will utilize converters 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 it to add new services and associated equipment as they are developed, available, and proved marketable to subscribers. The new services and associated equipment will be added to the system facilities when they are determined to be technically reliable and adaptable to the system at a cost to the subscriber that is acceptable in the marketplace.
C. 
Prior to the erection of any towers, poles or conduits or the upgrade or rebuild of the cable communications system, the grantee shall first submit to the County and other designated 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. No erection or installation of any tower, pole, underground conduit, or fixture or any rebuilds or upgrading of the cable communications system shall be commenced by any person until approval has been received from the County; provided, further, that such approval shall not be unreasonably withheld.
D. 
Any contractor proposed for work of construction, installation, operation, maintenance, or repair of system equipment must be properly licensed under the laws of the state and all local ordinances.
E. 
The grantee's system and associated equipment erected by the grantee within the County shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. No pole or other fixtures placed in any public ways by the grantee shall be placed in such a manner as to interfere with normal travel on such public way.
F. 
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.
G. 
Construction, 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. All cables and wires shall be installed, where possible, parallel with electric and/or telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
H. 
The grantee shall at all times comply with:
(1) 
National Electrical Safety Code (National Bureau of Standards);
(2) 
National Electrical Code (National Bureau of Fire Underwriters);
(3) 
Bell System Code of Pole Line Construction;
(4) 
Applicable FCC or other federal, state and local regulations; and
(5) 
Standards as set forth in the franchise.
I. 
The system shall not endanger or interfere with the safety of persons or property in the franchise area or other areas where the grantee may have equipment located.
J. 
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 law or regulation.
K. 
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.
L. 
Radio frequency leakage shall not interfere with emergency services communication or aeronautical navigation signals. FCC Rules and Regulations shall govern. The system shall cause no measurable interference in TV signal reception to any operating receiver not connected to and serviced by the system.
M. 
The grantee shall maintain equipment capable of providing adequate standby power for the head end.
The grantee shall provide service to all occupied dwelling units or commercial establishments where such extension will pass a density of at least 20 occupied dwelling units per cable mile.
A. 
All installations shall be underground in those areas of the County where public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, the grantee may install its service above ground, provided that at such time as those facilities are required to be placed underground by the County or are placed underground, the grantee shall likewise place its services underground without additional cost to the County or to the individual subscriber so served. Where not otherwise required to be placed underground by this chapter or the franchise, the grantee's system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable passing under the roadway shall be installed in conduit.
B. 
Prior to construction or alteration, the grantee shall in each case file plans with the appropriate County agencies, complete use agreements with the utility companies, obtain all construction permits and receive written approval of the County before proceeding, which approval shall not be unreasonably withheld.
C. 
The grantee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall:
(1) 
Not endanger or interfere with the health, safety or lives of persons;
(2) 
Not interfere with any improvements the County or state may deem proper to make;
(3) 
Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair;
(4) 
Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair, or as specified by federal law; and
(5) 
Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the County.
D. 
In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the County, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley disturbed, in as good a condition as before said work was commenced and in a good workmanlike, timely manner in accordance with standards for such work set by the County. Such restoration shall be undertaken within no more than 10 business days after the damage is incurred and shall be completed as soon as possible thereafter.
E. 
In the event that at any time during the period of the franchise, the County or state shall lawfully elect to alter, or change, the grade of any street, alley or other public ways, the grantee, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
F. 
The grantee shall, on the request of any person holding a building moving permit issued by the County, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 15 working days' notice to arrange for such temporary wire changes.
G. 
The grantee shall have the authority, except when in conflict with existing County ordinances, to trim any trees upon and overhanging public rights-of-way so as to prevent the branches of such trees from coming in contact with system facilities, except that at the option of the County, such trimming may be done by it, or under its supervision and direction, at the expense of the grantee.
H. 
All necessary easements over and under private property shall be arranged for by the grantee, as specified by federal law.
A. 
No poles shall be erected by the grantee without prior approval of the County with regard to location, weight, types and any other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall give rise to a vested interest, and such poles or structures shall be modified by the grantee at its own expense if the County demonstrates that the public convenience would be enhanced thereby.
B. 
Where poles already exist and are available for use by the grantee, but it does not make arrangements for such use, the County may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.
A. 
Within 90 days of the granting of a franchise pursuant to this chapter, the grantee shall provide the County with a written progress report detailing work completed to date. Such report shall include a description of the progress in applying for any necessary agreements, licenses, or certifications and any other information the County Manager may deem necessary.
B. 
Such written progress reports shall be submitted to the County on a quarterly basis throughout the entire construction process. The County Manager may require more frequent reporting if he determines it is necessary to better monitor the grantee's progress.
C. 
Prior to the commencement of any system construction, the grantee shall produce an informational document to be distributed to all residents of the area to be under construction, which shall describe the activity that will be taking place. The informational document shall be reviewed and approved by the County prior to its distribution.
A. 
Not later than 30 days after any new or substantially rebuilt portion of the system is made available for service to subscribers, and thereafter on the annual anniversary of the effective date of the franchise, the grantee shall, upon request of the County, conduct technical performance tests to demonstrate full compliance with all technical standards contained in this chapter and the franchise, and the technical standards and guidelines of the FCC.
B. 
Such tests shall be performed by, or under the supervision of, a qualified registered professional engineer or an engineer with proper training and experience. A copy of the report shall be submitted to the County, describing test results, instrumentation, calibration, and test procedures, and the qualification of the engineer responsible for the tests.
C. 
System monitor test points shall be established at or near the output of the last amplifier in the longest feeder line, at or near trunk line extremities. Such periodic tests shall be made at specific test points.
D. 
Upon the County's request, the grantee shall conduct annual proof-of-performance tests and shall submit a report of the results to the County within 60 days of completion.
E. 
Whenever there have been complaints made or when there exists other evidence, which, in the judgment of the County, casts doubt on the reliability or quality of the grantee's system, the County shall have the right and authority to compel the grantee to test, analyze, and report on the performance of its system.