Subject to the line extension standards set forth in this chapter, the grantee shall design and construct the cable television system so as to pass by every residential dwelling unit within the franchise area. Cable television system construction and provision of service shall be nondiscriminatory, and the grantee shall not deny service to any section of the franchise area on the grounds of economic preference.
(Ord. 1598 § 1, 1992)
Any cable television system shall provide, at a minimum:
(1) 
The operational capability of relaying to subscriber terminals the number of channels of video programming set out in its franchise ordinance;
(2) 
Reception and transmission of broad categories of video programming, subject to economic and commercial feasibility, including local broadcast stations, children's programming, foreign language and multicultural programming, news and sports channels, premium service programming, and local origination and educational and governmental access channels;
(3) 
Such PEG facilities, equipment and services as specified in the franchise ordinance.
(Ord. 1598 § 1, 1992)
After cable service has been established by activating trunk and/or distribution cables for any area, the grantee shall provide cable service to any requesting subscriber within that area within thirty days from the date of request, provided that (1) such subscriber is located within one hundred fifty feet of such trunk and/or distribution cable, (2) the grantee is able to secure all rights-of-way necessary to extend service to such subscriber within such thirty-day period on reasonable terms and conditions, (3) the grantee is not required to construct its service drop in an indirect or circuitous manner, and (4) the grantee complies with the line extension policies of this chapter and the franchise ordinance.
(Ord. 1598 § 1, 1992)
The grantee shall offer leased channel service to unaffiliated third parties in accordance with the provisions of the Cable Communications Policy Act of 1984.
(Ord. 1598 § 1, 1992)
The grantee shall provide channel capacity for PEG access programming and for local origination programming, as specified in the franchise ordinance. The grantee shall not exercise any editorial control over educational and governmental channels provided pursuant to this chapter.
(Ord. 1598 § 1, 1992)
The grantee shall provide at least thirty days advanced written notice to the city and subscribers prior to dropping, retiering or adding any channel to the cable television system.
(Ord. 1598 § 1, 1992)
(a) 
The cable television system shall be placed underground in those portions of the franchise area where both telephone and power lines are underground. In addition, whenever the poles on which the cable system is constructed are being eliminated, the grantee shall concurrently replace its aerial facilities with underground facilities unless alternative aerial facilities are available. At no time shall the cable television system be the only aerial facility. Where under grounding is required, the grantee shall have the option of sharing or not sharing utility trenches. At no time shall the grantee place cable underground without appropriate conduit.
(b) 
Where the grantee's cable television system is installed underground, line extenders, amplifiers, taps, power supplies, traps and related electronic equipment and components may be placed in appropriate housings above the surface of the ground where consistent with accepted construction practices for the type of cable system constructed by the grantee. The franchise ordinance shall provide a procedure for under grounding taps and pedestals at the subscribers' expense and relocating the taps and pedestals within the technical constraints of the cable system.
(c) 
Where the overhead facilities of the utility providing electrical service are placed underground pursuant to the provisions of Rule 20A of the California Public Utilities Commission, or any successor to such rule, the grantee shall concurrently relocate underground its aerial plant installed with such overhead facilities, provided that if any portion of the relocation of such overhead facilities is paid for from funds other than those specifically allocated by the electrical utility to the relocation pursuant to said Rule 20A, the entire expense of such portion of said relocation of the grantee's aerial plant shall be borne by the city.
(d) 
Where the overhead facilities of the utility providing electrical service are placed underground pursuant to the provisions of Rule 20B or Rule 20C of the California Public Utilities Commission or any successor to such rules, the grantee shall concurrently relocate underground its aerial plant installed with such overhead facilities, provided that the city shall bear the cost and expense of (1) all necessary trenching, backfilling and repaving required in connection with the underground installation of the grantee's aerial plant, (2) the installation of all conduits, vaults and/or pedestals required in connection with the underground installation of such plant and (3) all structures and substructures required in connection therewith.
(e) 
In all circumstances other than those set forth in subsections (c) and (d) of this section, the city shall reimburse or cause affected property owners to reimburse the grantee for the cost of relocating its aerial plant underground together with the overhead facilities of the utilities providing electric and/or telephone service.
(f) 
Subject to all applicable federal and state laws, statutes and regulations, in the event of multiple franchisees desiring to serve new residential developments in which the electric power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements:
(1) 
The developer shall be responsible for contracting and surveying all franchised cable operators to ascertain which operators desire to provide cable television service to that development. The developer may establish a reasonable deadline to receive cable operator responses. The final tract map shall indicate the cable operators that have agreed to serve the development;
(2) 
If one or two cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis;
(3) 
The developer shall provide at least ten working days notice of the date that utility trenches will be open to the cable operators that have agreed to serve the development;
(4) 
Sharing the joint utilities trench shall be subject to compliance with the Public Utilities Commission and utility standards. If such compliance is not possible, or if three or more cable operators desire to provide service to the development, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating operators. With the concurrence of the developer, the affected utilities and the cable operators, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to applicable law;
(5) 
Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs; provided that if the cable operator was not provided timely written notice of the availability of such trenches, the developer shall reimburse the operator for such costs.
(Ord. 1598 § 1, 1992)
(a) 
A grantee shall be authorized to utilize existing poles, conduits, and other facilities of a public utility, but shall not be authorized to construct or install any new, different, or additional poles in the streets without city approval.
(b) 
If the city authorizes another franchise to operate within an existing franchise area, it shall do so on the condition that the additional grantee reimburse and hold harmless the prior grantee(s) from and against all reasonable costs and expenses associated with making the poles ready for the additional cable television system. Reasonable costs and expenses include, but are not limited to, the cost and expense of strengthening poles, replacing poles, rearranging attachments, and inspection fees.
(Ord. 1598 § 1, 1992)
Each grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with applicable pole attachment standards, electrical codes and industry standards of the cable television industry generally applicable to the type of cable system which the grantee has constructed. Each grantee shall adhere to all building and zoning codes currently or hereafter in force. Each grantee shall locate and maintain its line, cables, and other appurtenances, on public property, in such a manner as to cause no unreasonable interference with the use of said public property by any person.
(Ord. 1598 § 1, 1992)
The city engineer shall approve the location and method of construction of all underground facilities and equipment located on public rights-of-way (including any above-grade portion of such facilities and equipment), provided such approval is not unreasonably withheld or delayed, and shall be consistent with the provisions of Section 5.24.516 of this chapter, as well as with the design or technical specifications of the system. The city engineer shall also approve the location and installation of all new aerial facilities consistent with Public Utilities Commission, General Order 95. Such facilities and equipment shall be located so as not to endanger persons or property. The construction shall be subject to city permit and inspection fees as may be required by other applicable laws or regulations heretofore or hereafter adopted, including, but not limited to, those pertaining to works and activities in, on, under or over streets.
(Ord. 1598 § 1, 1992)
Upon written notice to the grantee, the grantee shall furnish the city with as-built drawings of its entire cable television system in the city. Upon any material modification of the as-built plans, such as a system rebuild or trunk replacement, the grantee shall file the revised as-built plans within thirty days completion of the modification.
(Ord. 1598 § 1, 1992)
(a) 
For purposes of this section, the word "project" shall mean any lawful change of grade, alignment or width of any public street, way, alley or place, including but not limited to, the construction of any subway or viaduct, that the city may initiate, either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. This section shall not apply to any assessment district for the under grounding of aerial facilities on residential collector streets.
(b) 
The grantee shall remove or relocate any facilities installed, used and maintained under the franchise if and when made necessary by any project.
(c) 
When such removal or relocation is required, the grantee shall begin physical field work on the removal or relocation within one hundred twenty days after written notice from the city manager, or his or her designee. If, despite its reasonable efforts, grantee is unable to begin removal or relocation within the above one-hundred-twenty-day period, the grantee shall give written notice to the city manager of the reason or reasons for the delay and the date removal or relocation is expected to begin. The grantee shall proceed promptly to complete such required work.
(Ord. 1598 § 1, 1992)
Should the grantee fail, refuse or neglect to properly perform any maintenance or construction work required by the franchise following due notice from the city and a reasonable opportunity to remedy such failure, refusal or neglect as provided in this chapter, or should the grantee fail to commence to perform such work within the period of time allowed therefor, and diligently progress and complete such work thereafter, the city manager may, upon five days prior written notice to the grantee (except in cases of emergency), cause such work or other act to be completed in whole or in part by city forces or others, and upon so doing shall submit to the grantee an itemized statement of the costs thereof. The grantee shall, within thirty days after receipt of such statement, pay to the city the entire amount thereof, without off-set or deduction. After thirty days following the grantee's failure to pay the city said costs, the city may assess the letter of credit provided for in this chapter, in accordance with the provisions of this chapter.
(Ord. 1598 § 1, 1992)
The grantee shall comply at all times with FCC technical standards. Furthermore, if and when the city may, consistent with federal law, enforce technical standards more stringent than those promulgated by the FCC, then the city may, subject to the terms of the grantee's franchise, pursuant to resolution and on the basis of the evidence presented at a noticed public hearing, establish new technical standards which exceed the FCC's technical standards.
(Ord. 1598 § 1, 1992)
Upon request by the city not to exceed once per year, the grantee shall perform tests to determine compliance with the FCC technical standards, or those that may be established under Section 5.24.530 of this chapter (if applicable.) The grantee shall provide the city a copy of the test results within thirty days of the completion of the test. The grantee shall permit the city to witness the testing. At any time after commencement of service to subscribers, the city may order that the grantee perform additional tests on the basis of substantial numbers of complaints received or other evidence indicating significant noncompliance with the applicable technical standards. Such additional tests shall be limited to the particular matter in controversy. The costs of any such tests, and any necessary retests, shall be borne by the grantee. The grantee shall permit reasonable access to the cable system to permit the city or its consultants to test the system. The city shall bear the cost of such third-party testing, unless it is determined the grantee is in material noncompliance with the technical standards.
(Ord. 1598 § 1, 1992)
(a) 
The franchise ordinance may establish the obligation of the grantee to interconnect PEG channels of its cable television system serving the city with adjacent systems owned by the same grantee. The franchise ordinance shall address the timing, method, technical standards and allocation of costs for the interconnection.
(b) 
Consistent with the franchise ordinance, upon receiving city directive, each grantee shall immediately initiate negotiations with the owners of adjacent systems regarding interconnecting PEG channels. The grantee shall report to the city the results of such negotiations no later than sixty days after initiation, unless the city grants an extension of time to complete negotiations. Interconnection shall not be required if the city finds that the grantee has negotiated in good faith and has failed to obtain agreement with the system or systems of the proposed interconnection with respect to timing, method, technical standards and allocation of costs for the interconnection, or that the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates.
(Ord. 1598 § 1, 1992)