Article V — Construction And Technical Standards

All construction (including, but not limited to, the initial construction of the cable system and any major rebuild, expansion, replacement, repair or maintenance of the cable system) shall be performed in compliance with this chapter and all other provisions of this code. At least 90 days prior to initiating any major construction (other than routine maintenance or repair, installation of subscriber drops or minor line extensions), a cable operator shall submit a construction plan to the city. For purposes of this section, "major construction" means a system upgrade, system rebuild, or any work in the public rights-of-way that can be reasonably expected to affect system plant served by one or more fiber optic nodes. The construction plan shall include a description of the work, equipment specifications, existing and proposed locations of all facilities, traffic control plans, resident and business notification plans, steps to be taken to ensure compliance with local regulations, and a detailed construction schedule. The city may approve, conditionally approve or deny the construction plan. The city may require the posting of construction bonds. Additional construction requirements may be specified in a franchise agreement. (Ord. 815 § 1, 2006)

• A. Any construction, rebuild, upgrade, operation, maintenance, and repair of the system shall be in accordance in all material respects with all applicable sections of the Occupational Safety and Health Act of 1970, as amended; the National Electrical Safety Code and National Electric Code; Obstruction Marking and Lighting, AC 70/7460-1K, Federal Aviation Administration; Construction, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and other applicable federal, state, or local laws and regulations, all as hereafter may be amended or adopted. In the event of a conflict among codes and standards, accepted cable industry practices shall control (except insofar as such practices, if followed, would result in a cable system that could not meet express requirements of federal, state or local law, or in instances in which such practices are expressly preempted by other standards). Consistent with the foregoing, the city may ensure that work continues to be performed in an orderly and workmanlike manner, reflecting any changes that may occur over the franchise term.

• B. A cable operator shall construct, install and maintain its cable system in an orderly and professional manner, using due diligence and materials of good and durable quality. All such work shall be performed in close coordination with other public and private utilities following accepted construction procedures and practices and working through existing committees and organizations. All cable and wires shall be installed, where possible, parallel with and in the same manner as electric and telephone lines on the same poles. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.

• C. A cable operator's cable system within the city shall meet or exceed the technical standards set forth in 47 C.F.R. § 76.601, et seq., and any other applicable technical standards.

• D. Upon reasonable request by the city, based on subscriber complaints or other evidence of noncompliance with a franchise agreement or applicable law, a cable operator shall perform, at its sole cost, all tests necessary to demonstrate compliance with the requirements of a franchise agreement and other technical and performance standards established by applicable law. Unless a franchise agreement or applicable law provides otherwise, all tests shall be conducted in accordance with federal rules and in accordance with the most recent edition of the National Cable Television Association's "Recommended Practices for Measurements on Cable Television Systems," or such other manual as may be directed under FCC regulations. A written report of any test results shall be filed with the city within seven days of this test. If a location fails to meet technical or performance specifications, the cable operator, without requirement of additional notice or request from the city, shall promptly take corrective action, and retest the locations. Any deficiencies shall be corrected within 30 days of the original test.

• E. Should the cable operator fail to meet technical or performance tests, the cable operator shall bear all costs associated with the test. Should the cable operator advise the city that testing is not necessary or required to resolve the system performance issue at hand, and the city still insists on testing pursuant to this section, then the city shall bear the operator's reasonable cost of testing in the event that the cable operator passes the technical or performance test.

• F. Every system, and all parts thereof, shall be subject to the right of periodic inspection and testing by the city to determine compliance with the provisions of this chapter, a franchise agreement, and other applicable law. The city shall have the right, upon request, to be notified and to be present when a system is tested by a cable operator; provided, that the cable operator need not delay or reschedule testing to accommodate such a request. Each cable operator shall respond to requests for information regarding its system and its plans for the system as the city may from time to time issue, including requests for information regarding its plans for construction, operation, and repair, and the purposes for which the plant is being constructed, operated or repaired.

• G. A cable operator shall comply with all of the same standards and codes, including but not limited to the payment of inspection fees, to construct and maintain its system within private rights-of-way as are required for construction in the public rights-of-way.

• (Ord. 815 § 1, 2006)

A cable operator shall obtain all necessary permits and pay all generally applicable related fees, including but not limited to permit processing and inspection fees, from the city before commencing any construction, repair, upgrade, rebuild or extension of the system, including the opening or disturbance of any public rights-of-way, on private or public property within the city. The operator shall adhere to all state and local laws and building and zoning codes currently or hereafter applicable to construction, operation, or maintenance of the system in the city and give due consideration at all times to the aesthetics of the property.

• A. Cable system operators shall follow city requirements for placement of facilities in public rights-of-way or city-owned property including the specific location of facilities in the public rights-of-way or city-owned property, and shall in any event install facilities in a manner that minimizes interference with the use of city-owned property and public rightsof-way by others, including others that may be installing cable systems, other communications facilities, or utilities. The city shall have the right to inspect all facilities being placed underground before they are covered. It shall be a cable operator's responsibility to arrange for inspection of underground facilities by the appropriate city official, and the city shall have the right to require an operator to reopen a trench or other underground installation if any facilities are covered before the city has inspected them.

• B. Upon order of the city manager, all work which does not comply with the permit, the approved plans or specifications for the work, or the requirements of this chapter, the franchise, or other applicable law, shall be promptly removed by the cable operator at its expense.

• (Ord. 815 § 1, 2006)

Each cable operator that places facilities underground shall be a member of USA and shall field mark the locations of its underground facilities upon request. Throughout the term of a franchise, a cable operator shall locate its facilities for the city at no charge to the city. (Ord. 815 § 1, 2006)

To the extent possible, a cable operator shall use existing poles and conduits within the public rights-of-way in installing its cable system. If such poles and conduits are unavailable, then a cable operator shall construct its own wireholding structures within the public rights-of-way, and install its facilities in those structures, provided there is sufficient room for additional structures in the public rights-of-way. Where the public rights-of-way cannot be used, a cable operator shall, to the extent possible, use existing poles and conduits located outside the public rightsof-way, after obtaining any necessary authorizations. In no case may additional poles or other structures be installed in the public rights-of-way or on any public property without the prior permission of the city.

(Ord. 815 § 1, 2006)

Work by or on behalf of a cable operator concerning installation, maintenance, replacement or removal of a cable system, or any part thereof, shall be publicized by the cable operator, at its cost, in the manner and at the times the city manager periodically may direct. (Ord. 815 § 1, 2006)

• A. Should the grades or lines of the public rights-of-way, whether on city-owned or private property, that a cable operator is authorized to use and occupy be changed at any time during the term of a franchise, the cable operator shall, if necessary, as determined by the city, relocate or change its system, at its own cost and expense, so as to conform with the new grades or lines.

• B. Any alteration to any water and sewage mains or lines, to any drainage system or to any publicly owned structures in the public rights-of-way, whether on city-owned property or on private property, which alteration is required on account of the presence of a cable operator's system in the public rights-of-way or on such city-owned property or private property, shall be made at the sole cost and expense of the cable operator. During any work of constructing, operating or maintaining of a system, a cable operator shall, at its own expense, protect all existing structures belonging to the city and any other person. The city may prescribe the manner in which a cable operator shall perform any work performed within the public rights-of-way, whether on city-owned property or on private property.

• C. Unless otherwise specified in a franchise, all system facilities shall be constructed, installed, and located in accordance with all applicable laws, ordinances, regulations and policies, and in accordance with the following terms and conditions:

  1. Poles, underground conduits, ducts or other wireholding structures shall not be installed in the public rights-of-way or on other city property without the written permission of the city, or on private property of any third party without the written permission of the owner.

  2. Whenever any existing telephone, electric utility, cable system, or other similar facilities are located underground within the public rights-of-way or on city-owned property, a person installing another cable system also shall place its cables and passive electronic facilities underground.

  3. Whenever any existing telephone, electric utility, or communications facilities are located or relocated underground within the public rights-of-way or on city-owned or private property, cable operators that then occupy the same public rights-of-way, cityowned property or private property shall concurrently relocate their respective cables and passive electronic facilities underground, at their own expense, or in accordance with applicable law or current joint-use practices.

• D. Any and all public rights-of-way, public property, or private property that is disturbed or damaged during the upgrade, rebuild, repair, replacement, relocation, operation, maintenance, or construction of a system shall be repaired, replaced and restored, in a good workmanlike, timely manner, to substantially the same condition as immediately prior to the disturbance (including appropriate landscape restoration). All repairs, replacements and restoration shall be undertaken within no more than 30 days after the damage is incurred, and shall be completed as soon as reasonably possible thereafter. The city may require that repairs, replacements and restoration take place in a shorter period of time in situations in which the city determines that a dangerous condition exists. The operator shall warrant such repairs, replacements and restoration for at least three years against defective materials or workmanship, with the exception of plants installed in the course of restoration.

• (Ord. 815 § 1, 2006)

• A. Nothing in this chapter or any franchise agreement shall be in preference to, or in hindrance of, the right of the city, the city council or any board, authority, commission or public service corporation to perform or carry on any construction, public works or public improvements of any description. Subject to applicable law, should a cable operator's system in any way interfere with the construction, maintenance or repair of any public works or public improvements, the cable operator shall, at its sole cost and expense, protect or relocate its system, or part thereof, as directed by the city, the city council, the city manager or any city official, board, authority, or commission.

• B. If any person that is authorized to place facilities in the public rights-of-way, or on cityowned or private property, requests a cable operator to protect, support, temporarily disconnect, remove, or relocate its facilities to accommodate the construction, operation, or repair of the facilities of such other person, the cable operator shall, after seven calendar days' advance written notice, take action to effect the necessary changes requested. If the requested action is necessary to address an emergency that, in the opinion of the city, might affect the public health, safety or welfare, then the cable operator shall take immediate action upon receipt of notice of the request to complete the requested action. Unless the matter is governed by a valid contract, a local ordinance, regulation or policy, or a state or federal law or regulation, or in other cases where the system that is being requested to move was not properly installed, the reasonable cost of the same shall be borne by the party requesting the protection, support, temporary disconnection, removal, or relocation and performed at no charge to the city.

• C. A cable operator shall, at the request of any person holding a valid permit issued by a governmental authority, temporarily remove, raise or lower its wires to permit the temporary or permanent moving of buildings, structures, equipment of whatever nature, or other objects. The expense of such temporary removal or raising or lowering of wires shall be borne solely by the requesting party, unless otherwise agreed upon by the cable operator and the requesting party. A cable operator shall be given not less than 48 hours' advance notice to arrange for such temporary wire changes.

• (Ord. 815 § 1, 2006)

In addition to such permits as may be required by the city, a cable operator shall be required to obtain permits required by any other entity having jurisdiction. (Ord. 815 § 1, 2006)