Los Gatos Municipal Code Art. VIII Design and Construction Provisions

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

(Code 1968, § 9.90.010)

Where grantee is required to extend services as provided in the line extension provisions of section 7.80.065, the grantee shall design and construct the system in such a manner as to have the capability to pass every single-family dwelling unit, multiple-family dwelling unit, agency, business, industrial or other form of nonresidential establishment within the area of the franchise. Service shall be provided to subscribers in accordance with the schedule and line extension policy specified herein. 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.

(Code 1968, § 9.90.015)

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

(Code 1968, § 9.90.020)

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 (30) days from the date of request.

(Code 1968, § 9.90.025)

(a) The undergrounding of cables 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 undergrounded in concert, and on a cost-sharing basis, with other utilities, when such other utilities may convert from aerial to underground construction. All undergrounding plans shall be subject to prior grantor approval, and the issuance of permits, at designated permit fees.

(b) In undergrounded areas, all cables and other equipment shall be installed underground and in flush-mounted vaults. No pedestals shall be permitted for passive subscriber taps. Waivers of these requirements may be permitted for amplifiers, power supplies, and other active equipment where it can be demonstrated that an aboveground mounting is necessary for technical reasons or to avoid underground water, and where photographs or drawings are submitted showing an acceptable intended mounting location.

(Code 1968, § 9.90.030)

(a) In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give grantee reasonable notice of such construction or development, and of the particular date on which open trenching will be available for grantee's installation of conduit, pedestals and/or vaults, and laterals. Grantee shall also provide specifications as needed for trenching.

(b) The property owner or developer, as the case may be, of such new construction or development shall be required by the Town to provide cable services to any such new development or construction. Where grantee is required to extend service consistent with the density standard set forth in section 7.80.065, all the provisions of section 7.80.065(3) shall apply.

(Code 1968, § 9.90.035)

In cases of multiple-dwelling units serviced by aerial utilities, 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.

(Code 1968, § 9.90.040)

(a) 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) Grantee shall notify the grantor at least ten (10) 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 Town.

(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 way by the grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.

(d) Grantee shall, at its own expense, and in a manner approved by the grantor, restore to grantor standards and specifications any damage or disturbance caused to the public way 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, unless such acts amount to gross negligence by the grantor.

(f) 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 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, urban renewal and redevelopment, and any general program under which the grantor shall undertake to cause all such properties to be located beneath the surface of the ground. The grantee shall in all cases have the privilege, subject to the corresponding obligations, to abandon any property of grantee in place. Nothing hereunder shall be deemed a taking of the property of grantee and grantee shall be entitled to no surcharge by reason of anything hereunder. In the case of disagreement between utilities over apportionment of costs, the disagreement shall be resolved in accordance with Public Utilities Code section 767.5.

(h) Upon failure of 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 grantee within thirty (30) days after receipt of such itemized report.

(i) The grantee shall make no paving cuts or curb cuts unless absolutely necessary, but only after written permission has been given by the grantor.

(j) The grantee shall install in conduit all cable passing under any major roadway.

(Code 1968, § 9.90.045)

(a) Construction standard. The following standards shall be observed during construction coming under the provisions of this chapter.

(1) Construction 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.

(2) 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 1987 National Electrical Code as amended.

(3) Antennas and towers. Antenna supporting structures (towers) shall be designed for the proper loading as specified in Electronics Industry Association Standard RS-222c.

(4) Compliance with aviation requirements. Antenna supporting structures (tower) 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.

(5) Construction standards and requirements. All of the grantee's plant and equipment, including but not limited to the antenna sites, 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 Municipality 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 on Municipal properties.

(6) 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.

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

(Code 1968, § 9.90.050; Ord. No. 1772, § 9, 12-5-88)

The grantee shall perform periodic tests on the system to demonstrate compliance with the provisions of the technical standards, in accordance with the following provisions:

(1) Permanent test points. The grantee shall establish a minimum of four (4) permanent test points located at the end of the longest trunk and feeder amplifier cascades of all major trunk runs.

(2) Random test points. Random test points shall be at locations chosen by the grantee throughout the system and shall differ for each testing period.

(3) Weekly testing. Weekly testing shall be performed at each permanent test point. Tests shall include measurement and logging of visual and aural carrier levels on each cable channel, and shall also include observations of each channel on a color picture monitor and notation of any picture impairments. A permanent log shall be kept of all measurements and observations made. Immediate steps shall be taken to correct any conditions not meeting the technical standards.

(4) Monthly tests. Monthly tests shall consist of the same tests described under weekly testing, performed at each of the permanent test points and at an additional four (4) random test points.

(5) Exceptions from testing. Grantee shall not be required to perform weekly tests at any permanent test point which meets the technical specifications for a period of four (4) weeks in succession. If any permanent test point then fails to meet all specifications during any monthly test, the weekly testing shall resume until that point again meets all specifications for a four-week period.

(6) Logging and retention of data. All data collected during weekly and monthly testing shall be provided to the Town on a quarterly basis prior to the end of the first month following the close of each quarter.

(7) Observation of tests by grantor. The grantor may, at its option, witness any of the tests specified herein.

(8) Compliance and retesting. If one (1) or more of all points tested during monthly testing fail to meet all technical specifications, the grantee will correct all conditions until satisfactory testing results at the affected points. The monthly test shall then be repeated using a new set of random test points.

(9) Annual testing. Regardless of the requirements of the FCC for such testing, a full FCC proof-of-performance test in accordance with the latest FCC rules specifying such a test shall be performed on an annual basis, and a report of the testing shall be submitted to the grantor.

(10) Test equipment accuracy. All measurements taken to verify compliance with the technical specifications shall utilize equipment whose calibration is traceable to the National Bureau of Standards. To this end a system of calibration controls shall be established. A description of the calibration process shall be submitted to the grantor.

(Code 1968, § 9.90.055)

A grantee under this chapter shall use its best efforts to reach agreement with other cable system operators to interconnection access and such other channels of the cable system with adjacent areas upon direction to do so by the Town. If the grantee, after exercising such best efforts, determines the same is infeasible, the grantee shall provide the Town with a written report setting forth the basis for such determination.

(Code 1968, § 9.90.060)

The grantee shall be required to extend its system pursuant to the following requirements:

(1) As used in this section, residential dwelling unit shall mean a single-family dwelling unit which is or could be billed directly by the grantee on an individual basis. A multiple-dwelling unit facility shall mean a residential housing facility which is a part of a complex or building containing more than one (1) unit which is billed either on an individual or a bulk rate single-bill basis to the owner of the facility. As used herein, average density of fifty (50) dwelling units shall mean fifty (50) residential dwelling units or multiple-dwelling units with a total revenue potential equal to fifty (50) residential dwelling units.

(2) Grantee must extend and make cable television service available to every occupied residential dwelling unit in any unserved area reaching the average density of fifty (50) occupied units per mile of the portion of the CATV system to be constructed.

(3) At such times as utility lines are installed, grantee must extend and make cable television service available to residential dwelling unit areas being subdivided and platted which, if completed and occupied, would reach an average density of fifty (50) dwelling units per mile of the portion of the CATV system to be constructed; provided, however, that any such subdivision developer shall have first paid to grantee all costs of any such extension and connection. As and upon subscription to the television and radio service of grantee by occupants of residential dwelling units constructed in the subdivision, grantee shall rebate to such developer a pro rata portion of the sums so paid by such developer, pursuant to such formula as may be agreed to by grantee and such developer and subject to subsection (7) of this section.

(4) Grantee must extend and make cable television service available to any isolated potential residential subscriber inside the current service area requesting connection at the standard connection charge if the connection to the isolated resident would require no more than a standard one-hundred-fifty-foot aboveground residential service line.

(5) With respect to requests for connection requiring an aerial dropline in excess of one hundred fifty (150) feet, the grantee must extend and make available cable television service to such residents at a connection charge not to exceed the actual installation costs incurred by the grantee for the distance exceeding one hundred fifty (150) feet.

(6) In areas not meeting the requirements for mandatory extension of service, grantee shall provide, upon the request of a potential subscriber desiring service, an estimate of all costs required to extend service to the subscriber. Upon such potential subscriber's written agreement to pay the actual costs thereof, grantee shall then extend service upon request of the potential subscriber. Grantee may require advance payment or assurance of payment satisfactory to grantee. In the event that subsequent subscribers shall be connected utilizing the system so extended under this subsection, a pro rata portion of the costs incurred by the initial subscriber requesting and paying for such extension shall be refunded to the subscriber until such time as the density in the area reaches the level otherwise required under this section.

(7) Any rebate required or permitted under this section shall be limited to the amount which would otherwise have been expended by grantee had such extension been provided as above-ground construction.

(8) The grantee shall not install or maintain, or cause, allow or permit to be installed or maintained, within any public street, way or other public property of the Town, any equipment or facilities in connection with its business unless and until the grantee shall have filed with the Town Engineer a map showing the area or portion of the Town within which cable services shall be made available to subscribers by the grantee, together with plans and specifications for the installation of such equipment or facilities.

(Code 1968, § 9.90.065)