Within sixty (60) days of the acceptance by the grantee of a
franchise, the grantee shall register the system with the Federal
Communications Commission and apply for contracts for use of poles.
Within thirty (30) days after completion of the make-ready survey
identifying the routes of the system facility, the grantee shall apply
for all additional licenses from the state, city or other necessary
parties, such as the railroads for crossing under or over their property.
In any event, 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 agreement.
Failure to make such timely application and timely filing shall constitute
a substantial violation of this article.
(1991 Code, sec. 7-161)
(a)
Grantee
shall establish, construct, install, operate and maintain its system
in a manner consistent with all laws, ordinances, construction standards,
government requirements, and Federal Communications Commission technical
standards and those standards provided for in the franchise agreement.
The grantee, through the system, shall provide uniform, strong signals
which are free from any significant distortion and interference. The
system shall be designed, established, 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 distortion which would cause any material degradation
of video or audio quality.
(b)
The
grantee shall establish, construct, install, operate and maintain
its system facilities in accordance with the highest standards in
the cable television industry. Such standards shall include, but not
be limited to the following:
(1)
The system will be spaced to permit a minimum of four hundred fifty
(450) MHz operation and will be capable of utilizing the latest state-of-the-art
home terminals and other devices.
(2)
The system will utilize converters which will make the system adaptable
for addressable 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
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.
(4)
The system shall be designed and constructed to permit activation
of the upstream signal path at a future date to be determined by the
city council, in its sole discretion. The details of such activation
shall be included in the franchise agreement.
(c)
Prior
to the erection by the grantee or installation by the grantee of any
towers, poles, underground conduits or fixtures for use in connection
with the installation, construction, maintenance or operation of the
cable television system under this article, the grantee shall first
submit to the city 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 for use in a cable television system shall be commenced by
any person until approval therefor has been received from the city;
provided further, that such approval shall not be unreasonably withheld.
(d)
Any
contractor proposed for work of construction, installation, maintenance
and repair of system equipment must be properly licensed under laws
of the state and all local ordinances.
(e)
The
grantee’s system and associated equipment within the city shall
be so located as to cause minimum interference with the proper use
of public ways, and to cause minimum interference with the rights
and reasonable convenience of property owners who adjoin any of the
public ways. 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
city does not guarantee the accuracy of any maps showing the horizontal
or vertical location of existing substructures. In public ways, where
necessary, the location shall be verified by excavation.
(g)
Construction,
installation 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 reasonable, parallel with electric and telephone
lines. Multiple cable configurations shall be arranged in parallel
and bundled with due respect for engineering considerations. Grantee
shall at all times comply with:
(h)
In
any event, 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.
(i)
Any
antenna structure used in the cable television system shall comply
with construction, marking and lighting of antenna structure standards
as required by federal and state law or regulation.
(j)
All
worker facilities, conditions, and procedures that are used during
construction, installation and maintenance of the cable television
system shall comply with the standards of the Occupational Safety
and Health Administration.
(k)
The
grantee shall maintain equipment capable of providing standby power
for a minimum of eight (8) hours for the headend and four (4) hours
for transportation and trunk amplifiers.
(1991 Code, sec. 7-162)
(a)
The
grantee shall offer cable television service to all areas of the city
in accordance with the line extension policy in this section.
(b)
In
the city limits as they stood on May 14, 1985, the grantee shall,
during the period of the rebuild contemplated by the franchise agreement,
provide service to any dwelling units or commercial subscribers where
there are at least twelve (12) dwelling units or twenty (20) commercial
subscribers per mile of cable plant. In other areas, including areas
annexed to the city after May 14, 1985, the grantee shall provide
services to any new dwelling units or commercial subscribers within
the initial franchise area and any additional area annexed to the
city where there are at least twenty-five (25) dwelling units per
proposed additional cable plant mile.
(c)
In
other areas with less than twenty-five (25) dwelling units or commercial
subscribers per proposed cable plant mile, the grantee shall offer
a cost sharing arrangement with residents. The cost sharing arrangement
shall consist of the following:
(1)
On the request of five (5) or more potential subscribers desiring
service, the grantee shall prepare, at its cost, an engineering survey
and cost analysis to determine the cost of plant extension required
to provide service to each subscriber from the closest point where
available quality signals exist.
(2)
The cost of construction shall be allocated based on the following
formula:
|
$300.00 per subscriber = Grantee’s share
|
|
Cost per plant mile (or part thereof) to construct = Number
of subscribers
|
|
Cost per subscriber
|
|
Cost per subscriber minus grantee’s share = Subscriber’s
share
|
(d)
The
grantee’s share (currently three hundred dollars ($300.00) per
subscriber) shall be recalculated annually and based upon then-current
costs for labor and materials.
(e)
In
cases of new construction or property development where utilities
are to be placed underground, the developer or property owner shall
give grantee written notice of such construction or development, and
of the particular date on which open trenching will be available for
grantee’s installation of conduit, pedestals and/or vaults,
and laterals to be provided at specifications as needed for trenching.
(f)
Costs
of trenching and easements required to bring service to the development
shall be borne by the developer or property owner, except that, if
the grantee fails to install its conduit, pedestals and/or vaults
and laterals within five (5) working days of the date the trenches
are available, as designated in the notice given by the developer
or property owner, then should the trenches be closed after the five-day
period, the cost of new trenching is to be borne by grantee. Except
for the notice of the particular date on which trenching will be available
to the grantee, any notice provided to the grantee by the city of
a preliminary plat request shall satisfy the requirement of reasonable
notice if sent to the local general manager or system engineer of
grantee prior to approval of the preliminary plat request.
(1991 Code, sec. 7-163)
Nothing shall be construed to prevent grantee providing service
to areas not covered under this division upon agreement with developers,
property owners or residents.
(1991 Code, sec. 7-164)
(a)
Within
sixty (60) days of the granting of a franchise, the grantee shall
provide the city 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 city manager may deem necessary. The
content and format of the report will be determined by the city manager
and may be modified at his discretion.
(b)
Such
written progress reports shall be submitted to the city on a monthly
basis throughout the entire construction process.
(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
by the city manager prior to its distribution.
(1991 Code, sec. 7-165)
(a)
Interference with persons, improvements, public and private property
and utilities.
The grantee’s system and facilities,
including poles, lines, equipment and all appurtenances, shall be
located, erected and maintained so that such facilities shall not:
(1)
Endanger or interfere with the health, safety or lives of persons;
(2)
Interfere with any improvements the city, county or state may deem
proper to make;
(3)
Interfere with the free and proper use of public ways except to the
minimum extent possible during actual construction or repair;
(4)
Interfere with the rights and reasonable convenience of private property
owners, except to the minimum extent possible during actual construction
or repair; and
(5)
Obstruct, hinder or interfere with any gas, electric, water or telephone
facilities or other utilities located within the city.
(b)
Restoration to prior condition.
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 city,
replace and restore all paving, sidewalk, driveway, landscaping, or
surface of any street or alley disturbed, in as good a condition as
before such work was commenced and in a good, workmanlike, and timely
manner in accordance with standards for such work set by the city.
Such restoration shall be undertaken within no more than ten (10)
days after the damage is incurred, and shall be completed as soon
as possible thereafter.
(c)
Erection, removal and common use of poles.
The erection,
removal and common use of poles by grantee shall be subject to the
following:
(1)
No poles shall be erected by the grantee without prior approval of
the city with regard to location, height, type and any other pertinent
provisions of local building codes. 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 removed or modified
by the grantee at the grantee’s expense whenever the city determines
that the public convenience would be enhanced thereby.
(2)
Where poles already existing for use in serving the city are available
for use by the grantee, but the grantee does not make arrangements
for such use, the city 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
as reasonable.
(3)
Where a public utility serving the city desires to make use of the
poles or other wire-holding structures of the grantee, but agreement
thereof with the grantee cannot be reached, the city may require the
grantee to permit such for such consideration and upon such terms
as the city shall determine to be just and reasonable, if the city
determines that the use would enhance the public convenience and would
not unduly interfere with the grantee’s operation.
(d)
Relocation of the facilities.
In the event that, at
any time during the period of this franchise, the city, county or
state shall lawfully elect to alter, or change, the grade of any street
or 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 no expense
to the city.
(e)
Cooperation with building movers.
The grantee shall,
on the request of any person holding a building moving permit issued
by the city, temporarily raise or lower its wires 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 fifteen (15) working days’
advance notice to arrange for such temporary wire changes.
(f)
Tree trimming.
The grantee shall have the authority,
except when in conflict with other city ordinances, to trim any trees
upon and overhanging the public way so as to prevent the branches
of such trees from coming in contact with the system facilities except
that, at the option of the city, such trimming may be done by it,
or under its supervision and direction, at the expense of the grantee.
(g)
Easements.
All necessary easements over and under private
property shall be arranged for by the grantee.
(1991 Code, sec. 7-166)
(a)
Not
later than ninety (90) days after any new or substantially rebuilt
portion of the system is made available for service to subscribers,
technical performance tests as required by the FCC or the franchise
agreement shall be conducted by the grantee to demonstrate full compliance
with the technical standards therein.
(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 city
describing test results, instrumentation, calibration, test procedures
and the qualifications 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 test shall be made at the points as shall
be required by the franchise agreement.
(d)
A
copy of the annual performance tests report required by the Federal
Communications Commission shall be submitted to the city within sixty
(60) days of its completion.
(e)
The
city shall have the right to employ qualified consultants, if necessary
or desirable, to assist in the administration of this, or any other
section of this article. The city shall bear the costs for these consultants
and perform its own testing of the system.
(1991 Code, sec. 7-167)
