Chino Hills Municipal Code Art. XI Miscellaneous Provisions

Subject to grantee's rights under its franchise agreement, grantee shall at all times comply with all applicable laws and regulations of the federal, state, or local government, or any administrative agencies thereof. However, if any such law or regulation shall require grantee to perform any service, or shall permit grantee to delete any service, or shall prohibit grantee from performing any service, in conflict with the terms of the franchise or any law or regulation of the City, then as soon as possible following knowledge thereof, grantee shall notify the City of the point of conflict believed to exist.

(Ord. 140 § 1 (part), 2000)

Grantee shall maintain within the County of San Bernardino throughout the term of the franchise an address for service of notice by mail.

(Ord. 140 § 1 (part), 2000)

A. The design of the division of land shall provide each grantee an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable services to each residential parcel in the subdivision. This division shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

B. Subject to all applicable federal and state laws, statutes and regulations, in the event of multiple cable television operators 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 at its sole cost and expense contact and survey every person who lawfully provides cable services and/or related services to residents in the City using a cable system or similar transmission line system (collectively, "cable operator"), and thereby ascertain which such cable operator(s) desire or are required to service the development. The developer may establish a reasonable deadline to receive such responses. The final tract map shall indicate the cable operator(s) who have agreed to serve the development.

2. If one or more cable operator(s) desire to service the development, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis.

3. The developer shall provide at least ten (10) working days' notice of the date that utility trenches will be open to the cable operators that have agreed to service the development.

4. Sharing the joint utilities trench shall be subject to compliance with 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 transmission lines, with the entire cost shared among the participating cable 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 developer failed to provide such cable operator timely written notice of the availability of such trenches as required herein, then the developer shall reimburse the operator for such costs.

(Ord. 140 § 1 (part), 2000)