17-4 DESIGN AND CONSTRUCTION.

a. Capability . The cable system shall comply with the specifications in subsection 17-3.1 and the award agreement.

b. Intent . It is the intent of the Town to have cable services made available to all residents of the Town wishing such services. It is understood that the cable television system presently serving within the Town does not fully satisfy the requirements of Sections 17-3 and 17-5 of this chapter. Subject to the other provisions of this chapter and the award agreement, and operator shall undertake to construct, or reconstruct, a system which will fully satisfy the requirements of this chapter in accordance with this section.

c. Plant Installation and Extension .

1. A new or rebuilt cable system shall be constructed so that cable services will be available to all structures now included in the existing cable system.

The operator shall, as part of the application requirements provided in Section 17-11, set forth its intentions for extension of the plant to occupied areas of the Town not served by the existing cable system, and such areas shall be included in the construction timetable.

2. If the construction plans of a prospective operator exclude any currently occupied area of the Town, the prospective operator shall set forth the basis for the exclusion. Upon satisfactory showing of special circumstances (such as low population density or geographical constraints, making it technically or economically infeasible for the operator to install the cable system plant in a given occupied area without reimbursement from the subscriber(s) to be served for unusual costs of construction) the Town may waive the requirement for mandatory installation of plant.

3. The operator shall extend residential and institutional service (the latter as set forth in the award agreement) into every new subdivision. The capacity to provide cable communications service shall be available to newly constructed structures on the date of first occupancy. Actual installation of service may be delayed up to sixty (60) days from first occupancy or until after final grading, whichever is first. Those new areas having more dwelling units per strand mile of plant than the number specified in the award agreement shall receive residential service for the normal installation fee.

(Ord. #23-83, §1)

• a. Desirability . Interconnection with other cable television systems is desirable for such purposes as:

1. Sharing educational programming throughout the San Ramon Valley Unified School District;

2. Sharing educational and locally originated programming with other cable systems in Contra Costa County;

3. Participating in opportunities to receive public interest, information or educational services which may become available on a regional or statewide basis.

b. Interconnection . The operator shall, upon the directive of the Town and in conformance with the technical specifications set forth in the award agreement interconnect its system with any or all other systems serving the franchise area, and any other systems which can be interconnected with the operator’s system. Any additional investment by the operator required to achieve interconnection shall be considered by Town in connection with subscriber rates.

To the extent the technical requirements necessary to achieve interconnection are known at time of system design, the cable system shall be constructed so as to make interconnections feasible with a minimum of system modification at the time such opportunities become available.

c. Cooperation . The operator shall cooperate with any interconnection corporation, regional interconnection authority or County, State or Federal regulatory agency which may be established for the purpose of regulating, facilitating, financing, or otherwise providing for the interconnection of cable television systems beyond the boundaries of Town’s jurisdiction.

d. Notice : City Approval. The operator shall provide continuing notice to the Town of all interconnection opportunities as they become available on a regional or local basis, including copies of correspondence from any entity seeking interconnection with this system.

(Ord. #23-83, §1)

17-4.3 Construction.

a. Permits . Within thirty (30) days after acceptance of the franchise, the operator shall proceed with due diligence (and at its own expense) to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, certificate of compliance, utility joint use attachment agreement, microwave carrier license, and other permit, license and authorization to be granted by regulatory agencies having jurisdiction over the operation of cable television systems or associated microwave transmission facilities. Town shall process the operator applications in an expeditious manner.

b. Commencement; Completion .

1. Commencement. Within ninety (90) days after obtaining necessary permits, licenses and authorizations, including right of access to poles and conduits, the operator shall begin construction or reconstruction and installation of the system.

2. Completion. Except as expressly approved by the Town and specified in the franchise and subject to delay by reason of act of God, force majeure, riot, strike, or other condition beyond the operator’s control (written notice of which shall be promptly given to the Town) the operator shall complete construction or reconstruction of the entire system not later than twelve (12) months after execution of the award agreement.

System construction is considered complete upon installation of all required facilities and marketing of all services to the entire franchise area, (excepting those areas exempted from service under this chapter).

c. Undergrounding . The term “undergrounding” includes a partial undergrounding of cable equipment. All plant and drops shall be underground in the same areas and to the same extent as electric utility services. Upon obtaining the Town’s written approval, amplifiers, taps, traps and other appurtenances may be placed in appropriate housing above the ground. The operator shall, at its own expense (unless the award agreement or other ordinances and agreements provide for payment by others) install its plant in the same trench, at the same time, as the electric utility, whether or not there is a specific request from a potential subscriber for service. Upon written approval of the Town, the operator may satisfy the requirement of this subsection by placing conduit and other required appurtenances, without cable, in the trench.

With respect to a residential structure erected in the franchise area after the effective date of this chapter, and notwithstanding the foregoing, the owner or developer shall perform or cause to be performed or shall pay the operator’s reasonable cost of all trenching necessary for the underground installation of service, including furnishing of imported backfill material, the furnishing and installation of substructures, conduit and pedestals in accordance with the operator’s plans and specifications. Subject to Section 17-5, the operator shall provide, install and pay for all other of its plant in the trench. The operator shall provide plans and specifications to the owner or developer and shall inspect the facilities required and certify to the Town prior to final approval of the development that the facilities required are properly installed. The Town may review the maps and specifications provided by the operator.

d. Maps and Layout . The operator shall maintain and permit the Town to inspect up-to-date route maps of suitable scale showing all receiving pickup locations and the location of amplifiers and trunk distribution lines. Lines to individual outlets need not be shown. The scale of the maps shall be sufficient to clearly show the required details and shall be at least one inch equals four hundred (1" = 400') feet.

ut_ . The operator shall maintain and permit the Town to inspect up-to-date route maps of suitable scale showing all receiving pickup locations and the location of amplifiers and trunk distribution lines. Lines to individual outlets need not be shown. The scale of the maps shall be sufficient to clearly show the required details and shall be at least one inch equals four hundred (1" = 400') feet.

e. Construction Standards . The system shall be installed and maintained in accordance with standard good engineering practices and shall conform when applicable with the National Electric Code, Bureau of Standards Handbook No. 130, Rule for Overhead Line Construction (General Order No. 95) of the California Public Utilities Commission, the California Administrative Code, Title 24, Part 3, and all applicable codes.

The operator shall utilize existing poles, conduits, and other facilities whenever possible, and may not construct or install new, different, or additional poles, conduits, or other facilities on public or private property without written approval of the Town or private property owner in cases where no easement exists.

f. Other Construction, etc . The operator at its expense shall protect, support, temporarily disconnect, relocate, or remove its property when, in the Town’s opinion, this action if required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change of establishment of street grade, change or installation of sewers, drains, waterpipes, power line, signal or communication lines, transportation facilities, tracks, or 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. However, if action taken under this subsection is primarily for the benefit of a new commercial enterprise, then the commercial enterprise shall reimburse the operator for its actual, direct, out-of-pocket costs and expenses incurred. Action taken under this section is not a taking of the operator’s property and the operator is not entitled to a surcharge.

(Ord. #23-83, §1)

Upon the operator’s failure, refusal, or neglect to perform work or other act required by law and complete it in, on, over, or under a street within the time prescribed, the Town may have the work or other act completed and upon so doing shall submit to the operator an itemized statement of the costs. The operator shall within thirty (30) days after receipt of the statement, pay to Town the amount stated. (Ord. #23-83, §1)

17-4.5 Removal of Facilities.

a. If:

1. The use of any part of the public cable system is discontinued for any reason for a continuous period of seven (7) days without prior written notice to and approval by the Town; or

2. A franchise is terminated, cancelled, or expires;

then the operator shall remove its facilities and restore the affected areas in accordance with subsection 17-6.7. The operator is not required to remove conduit from underground.

b. If cable facilities are installed in a street or other area without complying with this chapter, the Town may require the removal or reconstruction of those facilities.

(Ord. #23-83, §1)