Colusa Municipal Code Art. III Installation and Service

(a) Immediately upon the acceptance of the franchise, grantee shall proceed with due diligence to obtain all necessary permits, licenses and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, or their associated microwave transmission facilities. All such permits, licenses and authorizations must be obtained and grantee shall commence construction and installation of the community antenna television system within ninety days of acceptance of the franchise.

(b) Within ninety days after the commencement of construction and installation of the CATV system, grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated on the map accompanying the application for franchise, as provided in section 7A-12, shall be provided within one year from the date that service was first provided.

(c) Failure on the part of the grantee to commence and pursue diligently each of the foregoing requirements, and to complete each of the matters set forth herein, shall be grounds for the termination of such franchise, under and pursuant to the terms of section 7A-15; provided, that the council in its discretion may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control.

(Ord. No. 262, § 9.)

(a) Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets, shall be so constructed or installed only at such locations and in such manner as shall be approved by the superintendent of public works acting in the exercise of his reasonable discretion.

(b) The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately-owned area within the city which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the city, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the superintendent of public works.

(c) In those areas and portions of the city where the transmission or distribution facilities of both the public utility providing telephone service and the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall construct, operate and maintain all of its transmission and distribution facilities underground. Amplifiers in grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the superintendent of public works. The city shall not be responsible in any manner for any costs incurred by grantee in placing grantee's facilities underground.

(Ord. No. 262, § 10.)

The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the CATV industry, to the effect that subscribers shall receive the highest quality service technically possible. In determining the satisfactory extent of such standards, the following, among others, shall be considered as minimum requirements for the CATV system.

(a) The system shall be installed using all band equipment capable of passing the entire VHF television and FM broadcast spectrum (i.e., no less than 50 to 220 MHZ, including the so-called "mid-band" region), and further, it shall have the capability of converting the UHF television broadcasting range to channels between 50 and 220 MHZ for distribution to subscribers.

(b) Signals shall be transmitted from the antenna origination point to all subscriber tap-off points, regardless of location on the distribution portion of the system, without the introduction of any noticeable degradation of color fidelity, picture intelligence or audio distortion.

Color phase shift introduced by system components between the off-the-air receiving antennas and the customer tap-off point shall not exceed two degrees under any circumstances, on a cumulative basis.

(c) The system and all equipment in the system shall be rated for continuous twenty-four hours per day operation.

(d) The system shall provide a signal level of not less than 2,000 microvolts, as measured across 72 ohms at the subscriber's television receiver, on the highest channel (by frequency) carried by the system and not less than 1,500 microvolts on the lowest channel (by frequency) carried on the system to all color television receivers connected to the system. No channel shall exceed the highest and lowest values for the highest and lowest channels by more than .5 db for more than fifty per cent of the time.

The system shall provide equivalent service levels of not less than 1,500 micro-volts on the highest channel and not less than 1,000 microvolts on the lowest channel (both as measured across the 72 ohm drop cable) to all black and white receivers connected to the system.

The system shall provide a minimum signal of not less than 200 microvolts on the lowest intensity FM channel (as measured at the customer service drop termination point) delivered, and a maximum signal intensity of not more than 3 db greater level than the lowest intensity FM channel delivered by the cable, (i.e., all FM channels carried by the system shall be flat to within 3 db from the lowest and highest FM channels carried, and the lowest of these shall be not lower than 200 microvolts across 72 ohms.).

(e) The system design and operation shall exhibit a signal plus noise to noise ratio of not less than forty decibels as measured at the extremities of all trunk and customer distribution lines covering the franchise area.

(f) Hum modulation of the picture (video) carrier shall not exceed five percent at any point in the system.

(g) All active components in the system shall have a VSWR not to exceed 1.5 to 1; all passive devices in the system shall have input, output and return losses of not less than 20 db.

(h) The system shall maintain a minimum video carrier to aural carrier ratio of 15 db and a maximum video carrier to aural carrier ratio of 18 db for all television channels. This video carrier to aural carrier relationship shall be established in such a manner that the color subcarrier if present, to video carrier relationship shall not be degraded below its as-received off-the-air ratio by more than 25 db.

(i) Carriage of so-called local channels shall be accomplished in such a way that these channels, as delivered to the system subscribers, if delivered on-channel, shall be at least 57 db stronger as measured at the customer receiver tuner input terminals than any stray direct pick up from these channels. If this is not possible, channel conversion of these stations shall be made to utilize other regular VHF channels, mid-band or octave channels for the delivery of these stations to the customers' receivers.

(j) The system shall be designed in such a way that twenty channel operation is possible at the outset, utilizing either mid-band frequencies or octave frequency groupings. If so-called mid-band frequencies for cable carriage of one or more channels are utilized, it shall be demonstrated that such carriage is possible in the city without introduction into the cable transmission lines of direct pick up from radio services operating in the mid-band region, which would tend to interfere with the carriage of one or more proposed television channels in this frequency range.

If the octave-frequency grouping method of providing spectrum space for additional channels (more than the twelve regular VHF channels) is utilized, it shall be demonstrated to the satisfaction of the city council that such equipment is operational and available for delivery.

(k) The CATV system shall be installed and maintained in accordance with the engineering report of the Television Allocation Study Organization (TASO). The master antenna to be installed for the CATV system shall be located where the signal strength of the television stations to be received shall not be less than five hundred microvolts per meter for low-bank channels (2 thru 6) and shall not be less than eight hundred microvolts for high-band channels (7 thru 13) for at least fifty per cent of the time.

(Ord. No. 262, § 17.)

(a) In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of three months, or in the event such system or property has been installed in any street or public place without complying with the requirements of grantee's franchise or this chapter, or the franchise has been terminated, cancelled or has expired, the grantee, upon being given ten days notice, shall promptly remove from the streets or public places all such property and poles of such system other than any which the superintendent of public works may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the superintendent of public works.

(b) Any property of the grantee remaining in place thirty days after the termination or expiration of the franchise shall be considered permanently abandoned. The superintendent of public works may extend such time not to exceed an additional thirty days.

(c) Any property of the grantee to be abandoned in place shall be abandoned in such manner as the superintendent of public works shall prescribe. Subject to the provisions of any utility joint use attachment agreement, upon permanent abandonment of the property of the grantee in place, the property shall become that of the city, and the grantee shall submit to the city clerk an instrument in writing, to be approved by the city attorney, transferring to the city the ownership of such property.

(Ord. No. 262, § 11.)

The grantee, at its expense, shall protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when required by the superintendent of public works by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of structures or improvements by public agencies; provided, that the grantee in all cases shall have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in section 7A-26.

(Ord. No. 262, § 12.)

Upon failure of the grantee to commence, pursue or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the superintendent of public works, the superintendent of public works, at his option, may cause such work to be done and the grantee shall pay to the city the cost thereof in the itemized amounts reported by the superintendent of public works to the grantee within thirty days after receipt of such itemized report.

(Ord. No. 262, § 13.)

When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the city clerk.

(Ord. No. 262, § 19.)

(a) The grantee, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, shall furnish to the city and file with the city clerk, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole cost and expense, a corporate surety bond in a company approved by the city clerk and in a form approved by the city attorney, in the amount of twenty-five thousand dollars, renewable annually, and conditioned upon the faithful performance of the grantee, and upon the further condition that in the event grantee shall fail to comply with any one or more of the provisions of this chapter, or of any franchise issued to the grantee under this chapter, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond; the condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the city that may have arisen from the acceptance of the franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty days prior written notice of intention not to renew, cancellation or material change, be given to the city. At the end of the first two years of the term of this franchise, the amount of the aforesaid corporation surety bond which the franchise holder shall maintain in full force and effect for the remainder of the term of the franchise shall be in the amount of twelve thousand dollars but shall correspond in all other particulars to the bond required during the first two years of the term as required hereinabove.

(b) Neither the provisions of this section, nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued under this chapter or for damages, either to the full amount of the bond or otherwise.

(Ord. No. 262, § 14.)

(a) The grantee, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, shall furnish to the city and file with the city clerk, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole cost and expense, a general comprehensive liability insurance policy in a company approved by the city clerk, and in a form satisfactory to the city attorney, indemnifying and saving harmless the city, its officers, and employees from and against any and all claims, demands, actions, suits and proceedings by others against all liability to others, protecting the city and all persons against liability for loss or damage for personal injury, death and property damage; occasioned by the operations of grantee under such, with minimum liability limits of three hundred thousand dollars for personal injury or death of any one person and five hundred thousand dollars for personal injury or death of two or more persons in any one occurrence, and fifty thousand dollars for damage to property resulting from any one occurrence.

(b) The policy mentioned in the foregoing paragraph shall name the city, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of the policy shall be delivered to the city thirty days in advance of the effective date thereof; if such insurance is provided by a policy which also covers grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement.

(Ord. No. 262, § 15.)

(a) At all reasonable times, the grantee shall permit any duly authorized representative of the city to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the city, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the city, or upon reasonable request are not made available in the city, and if the council shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.

(b) The grantee shall prepare and furnish to the city clerk, and the superintendent of public works, at the times and in the form prescribed by any of the officers, such reports with respect to its operations, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city or any of its officers in connection with the franchise.

(c) The grantee at all times shall make and keep in the city full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the city.

(d) The grantee shall file with the superintendent of public works, on or before the last day in March of each year, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places of the city on base maps provided by city.

(Ord. No. 262, § 16.)

No person in the existing service area of the grantee shall be arbitrarily refused service; provided, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge.

(Ord. No. 262, § 18.)

Before grantee shall provide service to any subscriber, grantee shall obtain a signed contract from the subscriber containing a provision substantially as follows:

"Subscriber understands that in providing service, grantee is making use of public rights-of-way within the city, and that the continued use of these public rights-of-way is in no way guaranteed. In the event the continued use of such rights-of-way is denied to grantee for any reason, grantee will make every reasonable effort to provide service over alternative routes. Subscriber agrees he will make no claim nor undertake any action against the city, its officers, its employees or grantee if a service to be provided by grantee hereunder is interrupted or discontinued because the continued use of such rights-of-way is denied to grantee for any reason."

The form of grantee's contract with its subscribers shall be subject to approval of the city attorney with respect to the inclusion of this provision.

(Ord. No. 262, § 18.)