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:
(1) 
National Electrical Safety Code as adopted by the city;
(2) 
National Electrical Code as adopted by the city;
(3) 
Bell System Code of Pole Line Construction; and
(4) 
Applicable FCC or other federal, state and local regulations.
(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)