Chino Hills Municipal Code Art. IV Design and Construction

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

(Ord. 140 § 1 (part), 2000)

Subject to such other conditions provided herein and in the franchise agreement, grantee shall design and construct a cable system that provides at least one drop to every residential dwelling unit within the franchise area. Cable television system construction and provision of service shall be nondiscriminatory, and grantee shall not deny service to any section of the franchise area on the grounds of economic preference.

(Ord. 140 § 1 (part), 2000)

A. Every cable 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 agreement;

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 agreement.

B. Grantee shall bi-annually poll subscribers to determine subscriber viewing preferences for services and/or programs not currently offered by grantee. The results of said poll shall be provided to the city within thirty (30) days of receipt by grantee.

(Ord. 140 § 1 (part), 2000)

After cable service is established in a particular area by activating distribution facilities for the area, grantee shall provide cable service to any requesting subscriber within such area within thirty (30) days from the date of request, provided that grantee is able to secure all rights-of-way necessary to extend service to such subscriber within such thirty (30) day period on reasonable terms and conditions, and subject to the line extension policies of this chapter and the franchise agreement.

(Ord. 140 § 1 (part), 2000)

Grantee shall offer access to leased channel(s) to unaffiliated third parties in accordance with the provisions of the Cable Act as amended, any other applicable federal, state, or local law and the franchise agreement.

(Ord. 140 § 1 (part), 2000)

Grantee shall provide channel capacity for PEG access programming and for local origination programming, as specified in the franchise agreement. Grantee shall not exercise any editorial control over PEG Access channels provided pursuant to this chapter. The city may establish an access corporation to manage and operate the PEG access channels, including receiving funding for operation of the channels.

If specified in the franchise agreement, the city may permit the grantee to utilize unused PEG channel capacity pursuant to a written agreement and subject to any conditions of the franchise agreement.

(Ord. 140 § 1 (part), 2000)

Grantee shall provide at least thirty (30) days advanced written notice to the city and subscribers prior to dropping, retiering or adding any channel to the cable system.

(Ord. 140 § 1 (part), 2000)

A. At no time shall grantee place cable underground without appropriate conduit.

B. The cable system shall be placed underground in all portions of the franchise area where either telephone or electric lines are underground. Whenever the poles on which the cable system is constructed are eliminated, grantee shall concurrently replace its aerial facilities with underground facilities. At no time shall the cable system be the only aerial facility in any given area.

C. Where the cable 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 to the extent that the method employed is compliant with any and all applicable city, state, federal or other regulations, and consistent with any other generally applicable guidelines, policies or procedures which may from time to time be defined by the city or other applicable government agency. Grantee shall provide a procedure for undergrounding taps and pedestals at subscriber expense and relocating the taps and pedestals within the technical constraints of the cable system.

(Ord. 140 § 1 (part), 2000)

Grantee shall be authorized to utilize existing poles, conduit, and other facilities of a public utility, but shall not be authorized to construct or install any new, different, or additional poles in any city streets without prior written approval by the city.

(Ord. 140 § 1 (part), 2000)

Grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with applicable California Public Utility Commission pole attachment standards, electrical codes and industry standards of the cable television industry generally applicable to the type of cable system which grantee has constructed, owns or operates. Grantee shall adhere to all building and zoning codes currently in force or hereafter enacted. 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. 140 § 1 (part), 2000)

The City Engineer shall approve the location and method of construction of all underground facilities and equipment located on public right-of-way (including any above-grade portion of such facilities and equipment). The City Engineer shall also approve the location and installation of all new aerial facilities consistent with Public Utilities Commission, General Order 95. All 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 the public rights-of-way.

(Ord. 140 § 1 (part), 2000)

Grantee shall file with the city "as-built" drawings of the entire cable system. Additionally, within thirty (30) days after completion of any material modification of the cable system (e.g., a system rebuild or distribution facility replacement), Grantee shall file appropriately "as-built" drawings of the modified cable system.

(Ord. 140 § 1 (part), 2000)

A. Grantee shall remove or relocate at its sole cost any facilities installed, used or maintained in connection with the franchise if and when such removal or relocation is made necessary by any project. For purposes of this section, the word "project" means 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 by or 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 undergrounding of aerial facilities on residential collector streets.

B. In the event that such removal or relocation is required, grantee shall commence physical field work on the removal or relocation on or before one hundred twenty (120) days after written notice of such requirement is provided by the City Manager. If, despite its reasonable efforts, grantee is unable to commence removal or relocation within such period, grantee shall provide the City Manager with written notice explaining in detail the reason(s) for the delay and a date certain upon which such removal or relocation is expected to commence. Grantee shall diligently proceed and promptly complete all such removal or relocation after it is commenced.

(Ord. 140 § 1 (part), 2000)

Should 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 cure as provided for under this chapter, or should grantee fail to commence performance of such work within the period of time allowed therefore, or fail to diligently proceed and promptly complete such work thereafter, the City Manager may, upon five days prior written notice to grantee (except in cases of emergency), cause such work or other act to be completed in whole or in part by the city forces or others, and upon so doing shall submit to grantee an itemized statement of the costs thereof. Grantee shall, within thirty (30) days after receipt of such statement, pay to the city the entire amount thereof, without off-set or deduction. In the event grantee fails to pay said costs for a period of at least thirty (30) days after they are due, the city may assess the letter of credit provided for in this chapter, in accordance with the provisions of this chapter.

(Ord. 140 § 1 (part), 2000)

Grantee shall comply at all times with FCC technical standards and such other standards that may from time to time be established by the city or any other authorized agency by any law. Any such standards established by the city shall be consistent with its authority to do so, as cited in Section 5.52.020, and made by resolution on the basis of the evidence presented at a noticed public hearing.

(Ord. 140 § 1 (part), 2000)

A. Upon request by the city not to exceed once per year, grantee shall perform at its sole cost and expense all tests necessary or reasonable to verify its compliance with all applicable technical standards. Such tests shall commence within thirty (30) days after the city makes any such request and shall conclude within a reasonable time thereafter. Grantee shall provide the city a copy of its test results within thirty (30) days after the tests are complete. The city shall have the right to witness any such testing if it so desires.

B. If at any time the city receives a substantial number of compliance or other evidence which indicates that grantee may not be in compliance with applicable technical standards, the city may order grantee to perform additional tests to verify compliance with such standards. The cost of any such tests, and any necessary retests, shall be borne entirely by grantee.

C. Grantee shall at all times permit reasonable access to the cable system to permit the city or its consultants to conduct their own tests. In the event that grantee is determined by such tests to be noncompliant with applicable technical standards, grantee shall pay the full cost of such tests. Otherwise, such costs shall be paid by the city.

(Ord. 140 § 1 (part), 2000)

A. Grantee shall interconnect the PEG channels of its cable system which serve the city with those of competing cable systems within the city. The manner and time of such connection may be prescribed by the city unless expressly provided for in the cable agreement.

B. Immediately upon request by the city, grantee shall contact all owners of competing cable systems regarding PEG channel interconnection with such systems and make a report to the City Manager within sixty (60) days thereafter. Such report shall state the terms, conditions, timing, and cost of interconnecting the city's PEG channels with those of each such competing cable system.

(Ord. 140 § 1 (part), 2000)