City of Santa Monica, CA Design and Construction Provisions

Grantee shall comply with the requirements of the system construction or reconstruction schedule contained in the franchise agreement.

Grantee shall provide a detailed construction plan indicating progress schedule, area construction maps, test plan, and projected dates for offering service. In addition, Grantee shall update this information on a monthly basis, showing specifically whether schedules are being met and the reasons for any delay.

(Prior code § 63030; added by Ord. No. 1407CCS, adopted 4/28/87)

6.108.10.050 Delay in construction.

Grantee shall make a good faith and diligent effort to obtain all necessary permits and clearances. Within two months after the effective date of a franchise, Grantee shall report to City its estimate of the initial construction or reconstruction starting date, with all construction requirements based on that date, provided, however, that Grantee may adjust its estimated initial date upon a showing of delays which are beyond its reasonable control or which are not reasonably foreseeable.

(Prior code § 63031; added by Ord. No. 1407CCS, adopted 4/28/87)

6.108.10.060 Provision of service.

After service has been established by activating trunk cables for any area, Grantee shall provide service to any requesting subscriber within that area within 30 days from the date of request.

(Prior code § 63032; added by Ord. No. 1407CCS, adopted 4/28/87)

6.108.10.070 Undergrounding of cable.

The undergrounding of cable is encouraged. Cables shall be installed underground at Grantee's cost where utilities are already underground. Previously installed aerial cable shall be undergrounded and relocated in concert, and on a cost-sharing basis, with other utilities, when such other utilities may convert from aerial to underground construction.

(Prior code § 63033; added by Ord. No. 1407CCS, adopted 4/28/87)

6.108.10.080 New development undergrounding.

In cases of new construction or property development where utilities are to be placed underground, upon request by Grantee, the developer or property owner shall give Grantee reasonable notice 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 Grantee's expense. Grantee shall also provide specifications as needed for trenching.

Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that if Grantee fails to install its conduit, pedestals and/or vaults, and laterals within five 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 shall be borne by Grantee.

(Prior code § 63034; added by Ord. No. 1407CCS, adopted 4/28/87)

6.108.10.090 Undergrounding at multiple dwelling units.

In cases of multiple dwelling units serviced by aerial utilities, Grantee shall make every effort to minimize the number of individual aerial drop cables giving preference to undergrounding of multiple drop cables between the pole and the dwelling unit. The burden of proof shall be upon Grantee to demonstrate why undergrounding of drop cables is technically or economically unfeasible.

(Prior code § 63035; added by Ord. No. 1407CCS, adopted 4/28/87)

6.108.10.100 Location of property of grantee.

Any wires, cable lines, conduits, or other properties of the Grantee to be constructed or installed in streets shall be so constructed or installed only at such locations and in such manner as shall be approved by the General Services Director and subject to all provisions of this subchapter.

Grantee shall not install any facilities or apparatus in or on other public property, places, easements, or rights-of-way, or within any privately-owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, except those installed in or on public utility facilities now existing, without obtaining the prior written approval of the General Services Director and without paying for the use of such property.

Grantee shall cause a key map and detailed plat maps of the entire system, showing materials of construction and horizontal and vertical locations with respect to property lines and grade lines, to be prepared by a registered professional civil engineer or a licensed land surveyor and filed in the office of the General Services Director prior to the issuance of a permit for construction, or within 90 days after the granting of a franchise to operate and maintain facilities existing prior to the adoption of this Section. Prior to requesting the issuance of a permit for the installation of any facility or apparatus in accordance with the provisions of this Section, Grantee shall file such key map and detailed plat maps with all utility companies and public agencies whose facilities are affected by such installation and obtain a statement signed by a responsible official thereof that such utility or public agency has no objection to the proposed location of such facility. Such utility companies and public agencies shall act upon a request made to them by a Grantee in accordance with the foregoing provisions within 30 days after such request has been made to such utility or public agency.

Grantee, upon the request of any person or agency who has contracted to perform work on a public right-of-way, shall provide accurate detailed information to such person or agency regarding the location of any of the Grantee's facilities in such right-of-way. Such information, if requested, shall include sending a representative familiar with the installation of cable facilities to the site of the work to mark or designate the location of the facilities of Grantee.

(e)

In order that the provisions of this Section may be reasonably applied, in instances where extreme or unnecessary hardship would result from carrying out the provisions of this Section, the City Council shall have the power to vary the mandatory provisions of this Section in any specific case in such a manner that substantial justice is done upon a showing by Grantee of good cause therefor.

(Prior code § 63036; added by Ord. No. 1407CCS, adopted 4/28/87)

6.108.10.110 Standards for use of streets.

All transmission and distribution structures, lines, and equipment erected by the Grantee within the City shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets.

In case of disturbance of any street, easement, or paved area or other property the Grantee shall, at its own cost and expense and in a manner and time period approved by the City, replace and restore such street easement or paved area, or other property in as good a condition as before the work involving such disturbance was done.

The Grantee, at its expense, shall protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place any property of the Grantee when required by the General Services Director by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grades, or the installation of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of structures or improvements by public agencies; provided, however, that Grantee in all such cases shall have the privileges, and be subject to the obligations, to abandon any property of the Grantee in place.

Upon the failure of the Grantee to commence, pursue, or complete any work required by law, or by the provisions of this Chapter, or by its franchise, to be done in any street or other public place within the time prescribed, and to the satisfaction of the General Services Director, the General Services Director, at his option, may cause such work to be done, and the Grantee shall pay to the City the cost thereof in the itemized amounts reported by the General Services Director to the Grantee within 30 days after receipt of such itemized report. City shall be permitted to seek legal and equitable relief to enforce the provisions of this Section.

Any poles or other fixtures places in or adjacent to any street by the Grantee shall be placed in such manner as to comply with all requirements of the City.

(e)

Grantee shall, at the request of any person holding a moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and Grantee shall have the authority to require such payment in advance. Grantee shall be given not less than 48 hours notice to arrange for such temporary wire changes.

(f)

Grantee shall notify City regarding the need to trim trees upon and overhanging streets of City so as to prevent the branches of such trees from coming in contact with the wires and cables of Grantee; at the option of City, such trimming may be done by City at the expense of Grantee, or by Grantee under City's supervision and direction of the expense of Grantee. When authorized, trimming shall be limited to the area required for clear cable passage and shall not include major structural branches which materially alter the appearance and natural growth habits of the tree.

(Prior code § 63037; added by Ord. No. 1407CCS, adopted 4/28/87)

6.108.10.120 Construction and technical standards.

Construction Standards.

(1)

Grantor Codes and Permits. Grantee shall comply with all applicable City construction codes and permits procedures. City shall be entitled to charge reasonable permit and inspection fees to recover the special nonrecurring inspection costs imposed by the construction or reconstruction of the cable system, or by the construction, remodeling, or maintenance of buildings, structures, or grounds within the City and under control of Grantee.

(2)

Compliance with Safety Codes. All construction practices shall be in accordance with all applicable sections of federal and state occupational and safety acts and any amendments thereto as well as all state and local codes where applicable.

(3)

Compliance with Pole Attachment Standards. All aerial construction shall comply with the practices included in the Bell System Code of Pole Line Construction.

(4)

Compliance with Electrical Codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical Code (National Fire Protection Association) and the National Electrical Safety Code (National Bureau of Standards), as amended, and all applicable state and local codes.

(5)

Antennas and Towers. Antenna supporting structure (towers) shall be designed for the proper loading as specified in Electronics Industry Association's R.S. 222-A specifications.

(6)

Compliance with Aviation Requirements. Antenna supporting structures (towers) shall be painted, lighted, erected, and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state or local codes and regulations.

(7)

Construction Standards and Requirements. All of Grantee's plant and equipment including, but not limited to, the antenna site, head-end and distribution system towers, house connections, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained, and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements City may deem proper to make, or to interfere in any manner with the rights of any property owner, or to hinder or obstruct pedestrian or vehicular traffic.

(8)

Safety, Nuisance Requirements. Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.

Technical Standards. The Cable Communications System shall meet all technical guidelines of the FCC, and all standards contained in the franchise agreement.

Test and Compliance Procedure. Grantee shall submit, within 60 days after the effective date of the franchise agreement, a detailed test plan describing the methods and schedules for testing the cable communications system on an ongoing basis to determine compliance with the provisions of the franchise agreement. The tests shall be in general conformance with the provisions of the Standards of Good Engineering Practices for Measurements on Cable Television Systems, issued by the National Cable Television Association, and performed at intervals no greater than 12 months. The tests may be witnessed by representatives of City, and written test reports shall be submitted to City. If more than 10% of the locations tested fail to meet the performance standards, Grantee shall be required to indicate what corrective measures have been taken, and the entire test shall be repeated. A second failure of more than 10% may result, at City's option, in appropriate remedies.

Special Tests. At any time after commencement of service to subscribers, City may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's terminal. Requests for such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests shall be limited to the particular matter in controversy. City shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to Grantee or to the subscriber.

(Prior code § 63038; added by Ord. No. 1407CCS, adopted 4/28/87)

6.108.10.130 Area-wide interconnection.

Interconnection Required. Grantee shall interconnect public usage channels of the cable communications system with any or all other cable systems in adjacent areas, upon the directive of City. Interconnection of systems shall permit interactive transmission and reception of program material, and may be done by direct cable connection, microwave link, satellite, or other appropriate method.

Interconnection Procedure. Upon receiving the directive of City to interconnect, Grantee shall immediately initiate negotiations with the other affected system or systems, and shall report to City the results of such negotiations no later than 60 days after initiation.

Relief. Grantee may be granted reasonable extensions of time to interconnect or City may rescind its order to interconnect upon petition by Grantee to City. City may grant said request if it finds that Grantee has negotiated in good faith and has failed to obtain an approval from the system or systems of the proposed interconnection, or that the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates.