Article VI — Design and Construction Provisions

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

(Prior code § 15032)

The grantee shall design and construct the cable communications system in such a manner as to have the eventual capability to pass by every residential dwelling unit, commercial establishment, school and public agency within the service area of the franchise, except as otherwise provided in the grantee's franchise. Cable system construction and provision of service shall be nondiscriminatory, and the grantee shall not delay or defer service to any section of the service area on the grounds ofeconomic preference, but shall extend the cable system to such section in accordance with the construction schedules and/or line extension policies established in grantee's franchise.

(Prior code § 15033)

A.

Compliance with Schedule. The grantee shall comply with the requirements of the system construction schedule contained in the franchise.

B.

Construction Plan. If required by the franchise, the grantee shall provide a detailed construction plan indicating progress schedule, area construction maps, test plan and projected dates for offering service. In addition, the grantee shall update this information on a monthly basis, showing specifically whether schedules are being met and the reasons for any delay.

(Prior code § 15034)

A.

The city may, at its sole option, apply any or all of the following remedies in connection with delays in system construction occasioned by events within the grantee's reasonable control:

Forfeiture of Bonds and Other Monetary Assessments. Forfeiture of any construction bond, as well as the assessment of monetary penalties in such amounts as are specified in the grantee's franchise.

Termination (Delay in Construction). Termination of the franchise within one year after award of the franchise if the grantee has failed to commence construction within such period.

Termination (Other Delays). Termination of the franchise for other delays exceeding eighteen (18) months, including failure to commence operation within such period.

B.

Any remedies applied for delays in construction shall be in accordance with the procedures provided in this chapter, including, but not limited to, notice, hearing and due process.

(Prior code § 15035)

Following commencement of operations in any area, the grantee shall provide service to any person requesting cable service in such area within thirty (30) days from the date of request, provided that:

A.

Such person's residence or commercial establishment for which such service is requested is located within one hundred fifty (150) feet of the grantee's activated trunk cable; and

B.

Such person has the financial capacity to pay the grantee for such services as are to be provided to such subscriber; and

C.

Grantee can secure all rights of access to such person's residence on terms reasonably satisfactory to grantee.

(Prior code § 15036)

The undergrounding of cable is encouraged. In any event, cables shall be installed underground at the grantee's cost where both telephone and electric utilities are already underground. Previously installed aerial cable shall be undergrounded and relocated in concert with other utilities when both telephone and electric utilities convert from aerial to underground construction. Where public funds or funds from property owners are specifically available for which work of undergrounding the cable system, whether pursuant to statute or otherwise, the grantee shall be reimbursed for such work to the extent of the availability of such funds.

(Prior code § 15037)

A.

In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give the grantee at least thirty (30) days' advance notice of the particular date on which utilities are to be placed underground in conjunction with such construction or property development. The grantee shall promptly thereafter provide the developer or property owner with

specifications as needed for trenching, installation of conduit, vaults, pedestals, cable, and related components, and for the prewiring of the units being constructed.

B.

Installation.

The developer or property owner will, at its own cost and expense:

a.

Perform all necessary trenching and backfilling for underground distribution and service laterals required for the extension of the underground distribution system of any cable communications system authorized to provide service in such area;

b.

Provide for the installation of all conduit, vaults and pedestals required for the distribution and transmission lines of the cable system to be located in such distribution and service laterals (with the grantee to place the cable therein and attach all required electronic components thereto); and

c.

Provide for the prewiring of each residential dwelling unit located in such development or on such property so as to enable it to receive cable service, all as directed by the grantee.

The cost of all conduit, vaults and pedestals required for such underground distribution system or for such prewiring which are to be installed by the developer or property owner under the provisions of this section shall be borne by the developer or property owner. The cost of the cable and associated electronics required for such underground distribution system or for such prewiring shall be borne by the grantee.

(Prior code § 15038)

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

(Prior code § 15039)

A.

Existing Facilities. The grantee shall utilize existing poles, conduit occupied by the grantee's activated cable distribution system, and other facilities whenever possible, and shall not construct or install any new,

different or additional poles, conduits or other facilities in the streets until the written approval of the city is obtained. However, no location of any pole or wireholding structure of the grantee in the streets shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense for any of the reasons set forth in this section.

B.

Notice of Construction. The grantee shall notify the city at least ten (10) days prior to the intention of the grantee to commence any construction in any streets. The city shall cooperate with the grantee in granting any permits required therefor. Construction by the grantee shall not unreasonably interfere with the use of such streets and shall be done in accordance with the pertinent provisions of this code and the grantee's franchise.

C.

Manner of Installation. 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 shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair. The grantee shall 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 members of the public. Any poles or other fixtures placed in any street by the grantee shall be placed in such a manner as not to unreasonably interfere with the usual travel on such public way.

D.

Restoration. The grantee shall, at its own expense, and in a manner approved by the city, restore to the standards and specifications required by this code or the grantee's franchise any damage or disturbance caused to the streets by the grantee, and its employees, agents or contractors as a result of its operations or construction on its behalf in connection with the exercise of its rights under its franchise.

E.

No Charge to City. Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the city to remove any of the grantee's facilities due to material and imminent harm to the public health, safety, property or welfare, no charge shall be made by the grantee against the city for restoration and repair.

F.

Tree Trimming. The grantee shall have the authority to trim trees on public property in accordance with the provisions of this code at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the city. Trimming of trees on private property shall require consent of the property owner.

G.

Relocation. The grantee at its expense shall protect, support, temporarily disconnect, relocate or remove any property of the grantee when, in the opinion of the city, the same is reasonably required by reason of traffic conditions, public safety, street vacation, freeway or street grade, installation of sewers, drains, water pipes, power line, signal line, transportation facilities, tracks, or any other type of structure or improvement by governmental agencies whether acting in a governmental or a proprietary capacity, or any other public improvement, including, but not limited to, movement of buildings, redevelopment, or any general program under which the city shall undertake to cause any such properties to be located beneath the surface of the ground. Where public funds or funds from property owners are specifically available for such work of protection, support, disconnection, relocation, removal or undergrounding of the cable system, whether pursuant to statute or otherwise, the grantee shall be reimbursed for such work to the extent of the availability of such funds. Nothing hereunder shall be deemed a taking of the property of the grantee and the grantee shall be entitled to no surcharge by reason of anything hereunder.

H.

Right of City to Perform. Upon failure of the grantee to commence, pursue or complete any work required by law or by the provisions of this chapter or the grantee's franchise to be done by the grantee in any street within the time prescribed therein or herein and to the satisfaction of the city, the city may, at its option, upon five days' notice to grantee cause such work to be done if the grantee has failed to promptly commence such work, and the grantee shall pay to the city the reasonable cost thereof in the itemized amounts reported by the city to the grantee within thirty (30) days after receipt of such itemized report, provided that no such written direction need be given by the city in the event of material and imminent harm to the public health, safety, property or welfare.

I.

Paving or Curb Cuts. The grantee shall make no paving or curb cuts in the streets unless absolutely necessary, and only after the grantee has secured an encroachment permit issued by the city authorizing such cuts.

J.

Conduit Required. The city reserves the right to require conduit for underground cabling.

(Prior code § 15040)

A.

Construction Standards.

The grantee shall comply with all applicable city construction codes and permit procedures and pay all applicable permit and inspection fees with respect thereto.

Construction undertaken by the grantee with respect to its cable communications system shall comply with all federal, state and city laws, rules and regulations applicable thereto.

All the grantee's plant and equipment, including, but not limited to, the antenna site, headend, 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 unreasonably interfere with the streets or public improvements or to unreasonably interfere with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.

B.

Technical Standards. The cable communications system shall meet all technical and performance standards contained in the franchise.

C.

Test and Compliance Procedures. The grantee shall submit within sixty (60) days after request by the city a detailed test plan describing the methods and schedules for testing the cable communications system on an ongoing basis to determine compliance with the provisions of the franchise. The proof of performance requirements for cable communications system set forth in the FCC's Rules and Regulations shall constitute a satisfactory test plan for purposes of demonstrating compliance with such provisions.

D.

Special Tests. At any time after commencement of service to subscribers the city may require additional tests, full or partial repeat tests, or tests involving a specific subscriber's terminal. Requests for such additional tests will be made on the basis of complaints received or other evidence indicating a material unresolved controversy or significant noncompliance, and such tests shall be limited to the particular matter in controversy. The city shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to the grantee and to the subscriber.

(Prior code § 15041)