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:
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 franchise shall specify the construction
schedule.
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.
