Chino Municipal Code Art. VI Design and Construction Standards

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

(Ord. 84-37 § 7.1, 1984.)

The grantee shall design and construct the cable system in such a manner as to have the eventual capability to pass by every single-family dwelling unit, multiple-family dwelling unit, school and public agency within the area of the franchise. 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 shall not delay or defer service to any section of the franchise area on the grounds of economic preference.

(Ord. 84-37 § 7.2, 1984.)

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

(Ord. 84-37 § 7.3, 1984.)

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

B. The grantee shall provide a detailed construction plan indicating 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, showing specifically whether schedules are being met and the reasons for any delay.

(Ord. 84-37 § 7.4, 1984.)

A. The grantor may at its sole option, apply any or all of the following remedies in connection with delays in system construction:

1. Reduction in the duration of the franchise on a month-for-month basis for each month of delay exceeding six months;

2. Forfeiture of construction bonds and/or assessment of monetary damages up to the maximum limit specified in the franchise agreement, levied against the security fund for delays exceeding one year;

3. Termination of the franchise within one year after award of the franchise if the grantee has failed to initiate system construction;

4. Termination of the franchise for other delays exceeding eighteen months from the scheduled completion date.

B. Any penalties applied shall be in accordance with the procedures contained in Sections 5.44.535 through 5.44.545.

(Ord. 84-37 § 7.5, 1984.)

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

(Ord. 84-37 § 7.6, 1984.)

The undergrounding of cable is encouraged. In any event, cables shall be installed underground at grantee's cost where existing utilities are already underground. Previously installed aerial cable shall be underground or relocated in concert, and on a cost-sharing basis, with other utilities, when such other utilities may convert from aerial to underground construction. If a basis for sharing costs cannot be agreed upon, the cable shall be underground or relocated at the grantee's cost.

(Ord. 84-37 § 7.7, 1984.)

A. The grantee shall keep itself advised of all new developments occurring in the city. In case 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 the grantee reasonable notice of the particular date on which open trenching will be available for the grantee's installation of conduit, pedestals and/or vaults, and laterals to be provided at the grantee's expense. The grantee shall also provide specifications as needed for trenching.

B. Cost of trenching in streets and individual lots to provide service within the development shall be borne by the developer or property owner; except that if the grantee fails to install its conduit, pedestals and/or vaults, and laterals within two 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 two-day period, the cost of new trenching is to be borne by the grantee.

(Ord. 84-37 § 7.8, 1984.)

In cases of multiple-dwelling units serviced by aerial utilities, the 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 the grantee to demonstrate why undergrounding of drop cables is technically or economically unfeasible.

(Ord. 84-37 § 7.9, 1984.)

A. The grantee shall utilize existing poles, conduits and other facilities whenever possible, and shall not construct or install any new, different or additional poles, conduits or other facilities, whether on public property or on privately owned property, until the written approval of the grantor is obtained. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the grantor determines that the public convenience would be enhanced thereby.

B. The grantee shall notify the grantor at least ten days prior to the intention of the grantee to commence any construction in any streets. The grantor shall cooperate with the grantee in granting any permits required, providing such grant and subsequent construction by the grantee shall not unduly interfere with the use of such streets and that proposed construction shall be done in accordance with the pertinent provisions of the ordinances of the grantor.

C. All transmission lines, equipment and structures 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 shall install 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 street by the grantee shall be placed in such a manner as not to interfere with the usual travel on such public street.

D. The grantee shall, at its own expense, and in a manner approved by the grantor, restore to the grantor's standards and specifications any damage or disturbance caused to the public street as a result of its 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. The 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. Trimming of trees on private property shall require written consent of the property owner.

G. The grantee at its expense shall protect, support, temporarily disconnect, relocate or remove any property of the grantee when, in the opinion of the grantor the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade. Installation of sewers, drains, waterpipes, power line, signal line, transportation facilities, tracks, or any other types of structure or improvements by governmental agencies whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including, but not limited to, movement of buildings, redevelopment, or any general program under which the grantor shall undertake to cause any such properties to be located beneath the surface of the ground. Nothing hereunder shall be deemed a taking of the property of the grantee and the grantee shall be entitled to no surcharge by reason of anything hereunder.

H. Upon failure of the 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 the grantee within thirty 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. The grantor reserves the right to require conduit for underground cabling as determined by the city engineer.

(Ord. 84-37 § 7.10, 1984.)

A. Compliance with Safety Codes. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970 and any amendments thereto as well as all state and local codes where applicable.

B. 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 Basic BOCA Electrical Code, as amended.

C. 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.

D. 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.

E. Construction Standards and Requirements. All of the 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 the grantor may deem proper to make, or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.

F. Safety, Nuisance, Requirements. The 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.

(Ord. 84-37 § 7.11(a), 1984.)

The cable communications system shall meet all technical and performance standards contained in the franchise agreement.

(Ord. 84-37 § 7.11(b), 1984.)

The grantee shall submit, within sixty 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 subscriber television services shall be performed at intervals no greater than every six months, on a minimum of twenty subscriber television receivers, located throughout the service area. At least eight of these locations shall be at the far end of the distribution trunk cables. The tests shall 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 be required to indicate what corrective measures have been taken, and the entire test shall be repeated for at least twenty different locations. A second failure of more than ten percent may result, at the grantor's option, in remedies.

(Ord. 84-37 § 7.11(c), 1984.)

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 the grantee or to the subscriber.

(Ord. 84-37 § 7.11(d), 1984.)

A. Required. The 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 the grantor. 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. Procedure. Upon receiving the directive of the grantor to interconnect, the grantee shall immediately initiate negotiations with the other affected system or systems. The cost shall be borne by both grantees, in the proportion of number of channels received to total number of channels transmitted and received, under the assumption that benefits accrue primarily through receipt of additional channels. In the case of regional or state-wide interconnection, the same principle shall apply.

C. Relief. The grantee may be granted reasonable extensions of time to interconnect or the grantor may rescind its order to interconnect upon petition by the grantee to the grantor. The grantor may grant said request if it finds that the 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.

D. Cooperation Required. The grantee shall cooperate with any interconnection corporation, regional interconnection authority or city, county, state and 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 territory.

E. Initial Technical Requirements to Assure Future Interconnection Capability.

1. All cable communication systems receiving franchises to operate within the franchise territory shall use the same frequency allocations for commonly provided television signals so far as is technically and economically feasible.

2. The grantee shall provide local origination and access equipment that is compatible throughout the area so that videocassettes or videotapes can be shared by various systems.

(Ord. 84-37 § 7.12, 1984.)