Montague Municipal Code Art. VIII Design and Construction Provisions

The cable system shall be constructed in accordance with the design requirements that are established in the rules of the Federal Communications Commission from time to time. (Ord. 93-03 §9 (part), 1993)

Grantee shall design and construct the cable system and any additions thereto in such a manner as to have the capability within a reasonable period of time to pass by every single-dwelling unit, multiple dwelling unit, business establishment, school and public agency within the city; such service shall be provided to subscribers in accordance with the line extension policies specified in Section 9.12.350. Cable system construction and provision of service shall be nondiscriminatory. (Ord. 93-03 §9 (part), 1993)

In cases of new construction or property development where utilities are to be placed underground the developer or property owner shall give the grantee not less than sixty day's notice of the particular date on which open trenching will be available for grantee's installation of conduit, pedestals, or vaults. The grantee shall also timely provide specifications to the developer and property owner as needed for trenching. Costs of trenching, conduit and easements required to bring service to any development may be cost-shared by the developer and grantee or shall be apportioned among grantee and all other utility service providers. (Ord. 93-03 §9 (part), 1993)

In cases of utility services delivered aerially to multiple-dwelling units, the grantee shall make reasonable efforts to minimize the number of individual aerial drop cables, giving preference to undergrounding of multiple-drop cables between the pole and dwelling unit. (Ord. 93-03 §9 (part), 1993)

If a person residing within grantee's underground cable system area requests replacement of an existing equipment enclosure owned by the grantee that is made of fiberglass or some other material with one of concrete and/or metal construction, then all labor, material, government or other agency permits and all other costs associated with the grantee's replacement of the enclosure shall be paid by the person making the request and shall be paid in advance of the grantee performing the replacement work. (Ord. 93-03 §9 (part), 1993)

In those areas and portions of the city where the transmission or distribution facilities of all public utilities providing telephone service and those of all public utilities providing electric service are already placed or to be placed underground subject to the provisions set out in Section 5.12.300, the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. For the purposes of this section, “underground” shall include a partial underground system, e.g., streamlining. Amplifiers in the grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground as reasonably approved by the public works supervisor of the city. The city shall not in any manner be responsible for any costs of liabilities incurred by the grantee in planning the grantee's facilities underground. (Ord. 93-03 §9 (part), 1993)

A. The grantee shall extend cable service to any premises located in the service area served by the grantee's energized distribution cable which requires only the connection of a standard drop to make such service available, including those premises serviced by underground utilities, if the owner or occupant of the premises requests such service and pays the grantee's connection charges.

B. If the service connection requires no more than a two-hundred-foot aerial drop line, the grantee shall provide connection to its service at no charge for the initial two hundred feet, other than the grantee's standard installation fee. The grantee may charge any new subscriber for the grantee's actual cost of all labor, equipment and materials for (A) that portion of any new aerial service connection in excess of two hundred feet, (B) the length of any new service connection to remote or relatively inaccessible subscribers. Prior to installing any service connection for which, in accordance with the provisions of this subsection, the grantee will charge a potential subscriber on a time and materials basis; the grantee must present the prospective subscriber with a written statement of its estimated costs for service connection. (Ord. 93-03 §9 (part), 1993)

A. With respect to underground line extensions, the grantee shall be required to extend energized cable from any existing terminus of the cable system to any area within the city in which power and telephone utility services are available and which has a density of at least ten existing and completed dwelling units along one-quarter of a linear mile of cable, provided that the dwelling unit nearest to the existing terminus of the cable system in such one quarter of a linear mile is situated within one-quarter mile of the existing terminus of the cable system.

B. With respect to aerial line extensions, the grantee shall be required to extend energized cable from any existing terminus of the cable system to any area within the city in which power and telephone utility services are available and which has a density of at least twenty-five existing and completed dwelling units along one linear mile cable, provided that the dwelling unit nearest to the existing terminus of the cable system in such one linear mile is situated within one quarter mile of the existing terminus of the cable system.

C. Construction of the extensions required pursuant to subsections (A) and (B) shall commence within ninety days after the initial existence of such densities as provided above. Within thirty days following completion of such line extension construction, the grantee shall proceed to render service, provided, however, that any such subscriber requesting service from the extension of the energized trunk cable shall be subject to the provisions of Section 5.12.340 with regard to costs of a drop in excess of two hundred feet.

D. The grantee's obligations under this section shall be contingent on the city first granting its approval for construction pursuant to Article VIII. (Ord. 93-03 §9 (part), 1993)