Article V — Design and Construction Provisions

The cable communications system shall be constructed in accordance with the design requirements contained in the franchise agreement.

(Prior gen. code § 2-123.0)

The grantee shall design and construct the cable system in such a manner as to have the capability to pass by every single-family dwelling unit, multiple-family dwelling unit, school and public agency within the franchise area. Service shall be provided to subscribers in accordance with the schedules and line extension policies specified in the franchise agreement. Cable system construction and provision of service shall be nondiscriminatory, and grantee shall not delay or defer service to any section of the franchise area on the grounds of economic preference.

(Prior gen. code § 2-123.1)

The grantee shall provide cablecasting facilities in accordance with the requirements of the franchise agreement.

(Prior gen. code § 2-123.2)

A.

The grantee shall comply with the requirements of the system construction schedule contained in the franchise agreement.

B.

The grantee may be required by grantor to provide a detailed construction plan with a progress schedule, area construction maps, test plan, and projected dates for offering service. In addition, the grantee shall update this information on a monthly basis, by submitting progress reports, showing specifically whether schedules are being met and the reasons for any delay.

(Prior gen. code § 2-123.3)

The grantor may at its sole option apply any or all of the remedies in Sections 3.16.170 and 3.16.710 to the delays in system construction.

(Prior gen. code § 2-123.4)

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

(Prior gen. code § 2-123.5)

The undergrounding of cable is encouraged. Except as otherwise provided in Section 66473.6 of the Government Code, cables shall be installed underground at grantee's cost where utilities are already underground, or where required by law. Previously installed aerial cable shall be undergrounded and relocated in concert with other utilities, when such other utilities may convert from aerial to underground construction.

(Prior gen. code § 2-123.6)

In cases of new construction or property development where utilities are to be placed underground, upon request by the grantee the developer or property owner shall give grantee at least seventy-two (72) hours' notice of the particular date on which open trenching will be available for grantee's installation of conduit, pedestals and/or vaults 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 within five working days of the date the trenches are available as designated in the notice given by the developer or property owner, and if the trenches are closed after the five-day period, the cost of new trenching shall be borne by grantee.

(Prior gen. code § 2-123.7)

In cases of multiple-dwelling units serviced by aerial utilities, grantee shall make every effort to minimize the number of individual aerial drop cables, and shall give preference to undergrounding of multiple drop cables between the pole and the dwelling unit.

(Prior gen. code § 2-123.8)

A.

Grantee shall utilize existing poles, conduits and other facilities whenever possible and economically feasible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities on public property without the written approval of the grantor, or on privately owned property except in accordance with applicable building and zoning ordinances.

B.

Grantee shall notify the grantor at least ten days prior to the intention of the grantee to commence any construction or other work in any street. The grantor shall cooperate with the grantee in processing any construction or work permits. Construction by the grantee shall not unduly interfere with the use of such streets and shall be done in accordance with the pertinent provisions of the ordinances of the grantor, and with the permits.

C.

All transmission lines, equipment and structure shall be so installed and located as to cause minimum interference with the rights and reasonable convenience of property owners, and at all times shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair. The grantee shall, at all times, employ ordinary care and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any public way by the grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.

D.

Grantee shall, at its own expense, and in a manner approved by the grantor restore to pre-existing conditions any damage or disturbance caused to the public way as a result of grantee's operations or construction on its behalf.

E.

Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the grantor to remove any of the grantee's facilities, no charge shall be made by the grantee against the grantor for restoration and repair.

F.

Grantee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the grantor.

G.

Upon receipt of thirty (30) days' written notice, the grantee at its expense shall protect, support, temporarily disconnect, relocate, or remove any structures of grantee when in the opinion of the grantor the same is required by reason of: traffic conditions, public safety, street vacation, freeway or street grade, separation or realignment, installation of sewers, drains, waterpipes, power line, signal line, transportation facilities, tracks, or any other types of structure or improvements of governmental agencies acting in a governmental or a proprietary capacity, or movement of buildings, redevelopment, or any general program under which the grantor shall undertake to cause any such structures to be located beneath the surface of the ground. Nothing hereunder shall be deemed a taking of the property of grantee and grantee shall be entitled to no surcharge by reason of anything required to be done hereunder.

H.

After receipt of thirty (30) days' written notice, upon failure of grantee to commence, pursue or complete any work required by law or by the provisions of this chapter to be done in any street, within the time prescribed and to the satisfaction of the grantor, the grantor may, at its option, cause such work to be done and the grantee shall pay to the grantor the cost thereof in the itemized amounts reported by the grantor to grantee within thirty (30) days after receipt of such itemized report.

I.

The grantee shall make no paving cuts or curb cuts unless absolutely necessary, and only after written permission has been given by the grantor.

J.

Grantor reserves the right to require conduit for underground cabling in special areas.

(Prior gen. code § 2-123.9)

A.

Construction Standards.

1.

Grantor Codes and Permits. Grantee shall comply with all applicable permit requirements and procedures administered by grantor. Grantor shall be entitled to charge reasonable permit and inspection fees incidental thereto to recover the inspection costs arising from the subject matter of the permitted activity.

2.

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

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 as amended, and all applicable state and local codes.

4.

Antennas and Towers. Antenna supporting structures (towers) shall be designed for the proper loading as specified in Electronics Industry Association's R.S. 222-A specifications, and provisions of the Uniform Building Code, as modified.

5.

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.

6.

Construction Standards and Requirements. All of the grantee's plant and equipment, including but not limited to, the antenna site, headend 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, and by experienced maintenance and construction personnel so as not to endanger or interfere in any manner with the rights of any property owner, or to hinder or obstruct pedestrian or vehicular traffic.

7.

Safety, Nuisance Requirements. The grantee shall at all times employ professional 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.

B.

Technical Standards. The cable communications system shall meet all technical and performance standards contained in the franchise agreement or as established by the Federal Communication Commission.

C.

Test and Compliance Procedure. Upon grantor's request the grantee shall submit, within sixty (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 for basic cable services shall be performed at intervals no greater than twelve (12) months. The tests may be witnessed by representatives of the grantor, and written test reports shall be submitted to the grantor. If more than ten percent of the locations tested fail to meet the performance standards, the grantee shall take corrective measures, and the entire test shall be repeated. A second failure of more than ten percent may result, at the grantor's option, in appropriate remedies.

D.

Special Tests. At any time after commencement of service to subscribers the grantor 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. The grantor shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to grantee or to the subscriber.

E.

Cost of Tests. The cost of all tests required by subsections C and D of this section, and retesting as necessary, shall be borne by the grantee.

(Prior gen. code § 2-123.10)

A.

Interconnection. The grantor may request grantee to interconnect public usage channels of the cable communications system with any or all other cable systems in adjacent areas. 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.

B.

Interconnection Procedure. Upon receiving the request of the grantor to interconnect, the grantee shall immediately initiate negotiations with the other affected system or systems, and shall report to the grantor the results of such negotiation no later than sixty (60) days after initiation of negotiations.

C.

Relief. The grantee may be granted reasonable extensions of time to interconnect. The grantor may rescind its request to interconnect, upon petition by the grantee to the grantor, and upon grantor's finding that the grantee has negotiated in good faith and has failed to obtain an approval from the other system or systems of the proposed interconnection, or that the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates.

D.

Cooperation Required. The grantee shall cooperate with any interconnection corporation, regional interconnection authority or city, county, state or federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the franchise area.

E.

Future Interconnection Capability.

1.

Every grantee receiving a franchise to operate a cable communications system within the franchise area shall use the same frequency allocations for commonly provided television signals so far as it technically and economically feasible.

2.

Grantee shall make a reasonable effort to provide local origination and access equipment that is compatible throughout the area to be served by the interconnected cable system.

(Prior gen. code § 2-123.11)