In order to establish minimum uniform standards, any MCS provider shall
adhere to the following minimum construction schedule and construction-related
requirements:
A. Construct, install, maintain, and repair the multichannel
system in accordance with this chapter, and any additional requirements of
the state, county and/or City;
B. Use streets and public rights-of-ways as set forth in
this chapter, and any other applicable requirements of the state, county,
and/or City;
C. Where applicable, and when ordered in accordance with
this chapter, remove the MCS provider's equipment, facilities and property
from public streets or rights-of-way, in accordance with this chapter and
applicable state law;
D. Adopt the construction standards as set forth in this
chapter;
E. Abide by, and act in strict accordance with all current
technical codes that are standard and customary to the cable television and
multichannel service industry, including construction, fire, safety, health,
and zoning codes that are adopted by the City, or the county, or the state,
or the United States, and as set forth in this chapter as relate to the system
and its operation; and
F. Maintain all permits and licenses, as required by this
chapter.
During any phase of construction, and with respect to any installation,
maintenance, and repair of the multichannel system, the MCS provider shall
use materials of good and durable quality and all such work shall be performed
in a safe, thorough, and reliable manner, and at all times in compliance with
the provisions of this chapter and other applicable ordinances, codes, rules
and regulations of the City, the county and the state, including those of
the PSC.
This section is applicable to any MCS provider whose system occupies
public property or rights-of-way.
A. Unless the City, or another MCS provider, indicates its
lawful intent to use the multichannel system (such as in the event of the
sale and purchase of the system) under the continuity provisions outlined
in this chapter, the affected MCS provider shall promptly remove its multichannel
system, including any facilities, equipment and property, or any abandoned
portion of the system, from the streets, public ways, and private property
located within the City, at its sole expense, within 90 days of the date of
expiration, or the date of revocation and termination, of its operating authority,
or a lawful order or directive from the City, whenever any of the following
occurs:
(1) The MCS provider ceases to operate all, or part, of the
multichannel system for a continuous period of 90 days;
(2) The MCS provider fails to construct the multichannel
system as outlined in an initial application, a proposal for renewal, a renewal
of the franchise, other agreement, license or permit, or an amended franchise,
other agreement, license or permit;
(3) The City Council elects to, and affirmatively acts not
to, renew the franchise, other agreement, license or permit, pursuant to the
provisions set forth in this chapter; or
(4) The MCS provider's franchise, other agreement, license
or permit is revoked pursuant to the provisions set forth in this chapter.
B. The MCS provider shall remove its property, facilities, equipment, cable and wires located in the City's streets and rights-of-way in the manner and time frame prescribed in Subsections
C through
E of this section.
C. If not removed voluntarily by the MCS provider, then
the City may notify the MCS provider that if removal of the property is not
accomplished within 90 days, or substantial progress towards removal is not
made within 75 days, then the City may direct its officials or representatives
to remove the MCS provider's property, facilities, equipment, cable and wires
at the MCS provider's expense.
D. If officials or representatives of the City remove, or
cause to have removed, an MCS provider's property, facilities, equipment,
cable and wires, and such MCS provider does not claim the property within
90 days of its removal, then the City may take whatever steps are permissible
under state law to declare the property surplus, and sell it, with the proceeds
of such sale going to the City, if permitted by state law.
E. When such MCS provider removes its multichannel system
and property, facilities, equipment, cable and wires from the streets and
public rights-of-way within the City, the MCS provider shall, at its own expense,
and in a manner approved by the City, replace and restore such public or private
property to a condition comparable to that which existed before the work causing
the disturbance was done.
For MCS providers subject to this section, the franchise, other agreement,
license or permit between the City and/or City Council and the franchised
MCS provider shall contain either a system expansion schedule for any area
not provided multichannel service as of the date of the franchise, other agreement,
license or permit, or an explanation acceptable to the City as to why a particular
area will not be served.
An MCS provider shall obtain, at its own expense, all permits and licenses
required by local law or ordinance, or state rule or regulation, and shall
maintain the same, in full force and effect, for as long as required by the
City or other appropriate governmental entity or agency.
It shall be the responsibility of any MCS provider to comply with the
most current FCC technical standards.