Diamond Bar Municipal Code Div. 4 Construction of Facilities

(a) The cable television system and all franchise property and appurtenances shall be constructed and maintained in a good workmanlike manner, in conformity with the terms and conditions of the highway permit ordinance, as set forth in division 2 of chapter 12.04 or any other ordinance, rule or regulation now, or as hereafter amended, adopted or prescribed by the city, as may be applicable. All work involved in the construction, operation, maintenance, repair and removal of the system shall be performed with due diligence and using first class materials. The franchisee shall at all times comply with all current applicable laws including, but not limited to, the following: National Electrical Safety Code (National Bureau of Standards); California Public Utilities Commission General Order 95 and General Order 128; electrical code; county technical standards; Standards of Good Engineering Practices for Measurements on Cable Television Systems (National Cable Television Association), and FCC standards. In addition, the franchisee shall meet the standards submitted by the franchisee, which shall be included in the ordinance granting the franchise. If, at any time, it is determined by the city or any other agency or authority of competent jurisdiction that any part of the system, including, without limitation, any means used to distribute signals over or within the system, is harmful to the health or safety of any person, then the franchisee shall, at its own cost and expense, promptly correct all such conditions.

(b) The franchisee shall not construct or install any poles, conduits or other cable television system facilities on city highways until the franchisee has secured the necessary permits from the road commissioner pursuant to division 2 of chapter 12.04.

(c) The franchisee shall provide for at least a 40-channel minimum capability, with return capability on as many channels as possible based on the configuration of the cable system, but with the requirement of a minimum of return capability on four channels.

(Ord. No. 14(1989), § 2(16.66.010), 6-27-89)

(a) New installations or replacements of franchise property and appurtenances and all other facilities necessary for the installation, operation, maintenance and safety of the cable television system shall be laid and maintained only pursuant to permit issued by the department of public works. All such installations or replacements shall be reviewed by the director of public works as to the most desirable location in the roads, highways or public easements of the city, and his decision shall be final and binding on the franchisee.

(b) The provisions of division 2 of chapter 12.04 shall apply to all work performed in city rights-of-way and city easements in connection with the franchise. All transmission and distribution lines and cables within city rights-of-way and city easements shall be laid and installed underground except where the franchisee produces written evidence of permission to utilize existing pole systems, or where the director of public works finds that the remoteness of the area or other conditions justify exceptions to the rule. The franchisee shall have the right to appeal to the city council from rulings of the director of public works denying permits for overhead installations in outlying areas.

(Ord. No. 14(1989), § 2(16.66.020), 6-27-89)

The work of constructing, laying, replacing, maintaining, repairing, abandoning or removing all franchise property and appurtenances authorized under the provisions of this chapter in, over, under, along or across any highway shall be done to the satisfaction of the road commissioner at the expense of the franchisee, and in accordance with the terms and conditions of division 2 of chapter 12.04.

(Ord. No. 14(1989), § 2(16.66.030), 6-27-89)

Within 60 days from the effective date of the ordinance granting the franchise, the franchisee shall submit to the director a plan for designated service within the authorized service area of the franchise indicating the date on which the franchisee expects the installation of the system will be completed and available for service to subscribers in the various parts of such area. The plan shall include a map which details the phases, if any, of construction. The franchisee shall furnish the director with monthly progress reports as required in subsection 13.12.570(c). Thereafter, the franchisee shall furnish maps indicating in detail the location of the existing construction, and planned construction, if any, within 30 days of request by the director.

(Ord. No. 14(1989), § 2(16.66.040), 6-27-89)

(a) The city reserves the right to change the grade, to change the width or to alter or change the location of any highway over which the franchise is granted. If any of the franchise property or appurtenances constructed, installed or maintained by the franchisee pursuant to the franchise on, along, under, over, in, upon or across any highway are located in a manner which prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvement, repair, construction, reconstruction, widening, alteration or relocation of the highway, or any work or improvement upon the highway, the franchisee shall relocate permanently or temporarily any such franchise property or appurtenances at no expense to the city or other public entity upon receipt of a written request from the road commissioner to do so, and shall commence such work on or before the date specified in such written request, which date shall be not less than 30 days from receipt of such written request. The franchisee shall thereafter diligently prosecute such work to completion; should franchisee neglect or fail to relocate its facilities in a timely manner after the receipt of any such notice, the franchisee shall be responsible for and shall reimburse the city for any and all additional costs or expenses incurred by the city due to or resulting from such delay in relocation of facilities; provided, however, that if such highway be subsequently constituted as a state highway, thereafter and so long as such highway remains a state highway, no such change of location shall be required for a temporary purpose.

(b) The city reserves the right for itself and other public entities which are now or may later be established, to lay, construct, repair, alter, relocate and maintain subsurface or other facilities or improvements of any type or description in a governmental but not proprietary capacity within the highways over which the franchise is granted. If the city or other public entity finds that the location or relocation of such facilities or improvements conflicts with the franchise property or appurtenances laid, constructed or maintained under the franchise, whether such franchise property was laid, constructed or maintained before or after the facilities of the city or other public entity were laid, the franchisee of such franchise shall at no expense to the city or public entity, on or before the date specified in a written request from the road commissioner, which date shall not be less than 30 days after the receipt of such notice and request to do so, commence work to change the location either permanently or temporarily of all franchise property and appurtenances so conflicting with such improvements to a permanent or temporary location in such highways, to be approved by the road commissioner; and thereafter diligently prosecute such work to completion. Should the franchisee neglect or fail to relocate its facilities in a timely manner after receipt of any such notice, the franchisee shall be responsible for and shall reimburse the city or other public entity for any and all additional costs or expenses incurred by the city or other public entity due to or resulting from such delay in relocation of facilities. If such highway be subsequently constituted a state highway, while it remains a state highway the rights of the state shall be as provided in Streets and Highways Code § 680.

(Ord. No. 14(1989), § 2(16.66.060), 6-27-89)

(a) At the expiration, revocation or termination of the franchise or of the permanent discontinuance of the use of all or a portion of its franchise property, the franchisee shall, within 30 days thereafter, make written application to the road commissioner for authority either to abandon all or a portion of such franchise property in place; or to remove all or a portion of such franchise property. Such application shall describe the franchise property desired to be abandoned and its location with reference to county highways, and shall describe with reasonable accuracy the physical condition of such franchise property. The road commissioner shall determine whether any abandonment or removal which is thereby proposed may be effected without detriment to the public interest and under what conditions such proposed abandonment or removal may be effected. He shall then notify the franchisee of his determinations.

(b) Within 30 days after receipt of such notice, the franchisee shall apply for a permit from the department of public works to abandon or remove franchise property.

(c) The franchisee shall, within 60 days after obtaining such permit, commence and diligently prosecute to completion the work authorized by the permit.

(Ord. No. 14(1989), § 2(16.66.070), 6-27-89)

(a) If any facilities to be abandoned in place subject to prescribed conditions shall not be abandoned in accordance with all such conditions, the road commissioner may make additional appropriate orders, including an order that the franchisee shall remove any or all such facilities. The franchisee shall comply with such additional orders.

(b) If the franchisee fails to comply with the terms and conditions of abandonment or removal as may be required by this division, and within such time as may be prescribed by the road commissioner, then the city may remove, or cause to be removed, such facilities at the franchisee's expense. The franchisee shall pay to the city the cost of such work plus the current rate of overhead being charged by the city for reimbursable work.

(c) If at the expiration, revocation or termination of the franchise, or of the permanent discontinuance of the use of all or a portion of its franchise property, the franchisee, within 30 days thereafter, fails or refuses to make written application for the abovementioned authority, the road commissioner shall make the determination as to whether the franchise property shall be abandoned in place or removed. The road commissioner shall then notify the franchisee of his determinations. The franchisee shall thereafter comply with the provisions of subsections 13.12.1060(b) and (c).

(Ord. No. 14(1989), § 2(16.66.080), 6-27-89)