Poway Municipal Code Art. V Design and Construction Provisions

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

(Ord. 129 § 7.1, 1984; Ord. 298 § 1, 1989)

The grantee shall design and construct the system in such a manner as to have the eventual capability to pass by every single-family dwelling unit, multiple-family dwelling unit, school and public agency within the service area of the franchise. Service shall be provided to subscribers in accordance with the schedules and line extension policies specified in the franchise agreement. System construction and provision of service shall be non-discriminatory, and the grantee shall not delay or defer service to any section of the franchise area on the grounds of economic preference.

(Ord. 129 § 7.2, 1984; Ord. 298 § 1, 1989)

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

(Ord. 129 § 7.3, 1984)

A. The grantee shall comply with the requirements of the system construction schedule contained in the franchise agreement.

B. The grantee shall provide a detailed construction plan indicating progress schedule, area construction maps, test plan, and projected dates for offering service to any new area or for reconstructing the cable system. In addition, the grantee shall update this information on an annual basis.

(Ord. 129 § 7.4, 1984; Ord. 298 § 1, 1989)

The grantor may at its sole option, apply any or all of the following remedies in the event of material and substantial delays in system construction or reconstruction:

A. Reduction in the duration of the franchise on a month-for-month basis for each month of delay exceeding six months;

B. Forfeiture of construction bonds and/or assessment of monetary damages up to the maximum limit specified in the franchise agreement, levied against the security fund for delays exceeding one year;

C. Termination of the franchise within one year after award of the franchise if the grantee has failed to initiate system construction or reconstruction;

D. Termination of the franchise for other material and substantial delays in completing system construction exceeding 18 months. Any remedies applied shall be in accordance with the procedures contained in PMC §§ 5.60.430 through 5.60.445.

(Ord. 129 § 7.5, 1984; Ord. 298 § 1, 1989)

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 30 days from the date of request.

(Ord. 129 § 7.6, 1984)

The undergrounding of cable 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 and relocated in concert, and on a cost-sharing basis, with other utilities, when such other utilities may convert from aerial to underground construction.

(Ord. 129 § 7.7, 1984)

In cases of new construction or property development where utilities are to be placed underground, upon request by the grantee, the developer or property owner shall give grantee reasonable notice of the particular date on which open trenching will be available for grantee’s installation of conduit, pedestals and/or vaults, and laterals to be provided at the grantee’s expense. The grantee shall also provide specifications as needed for trenching. Cost of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that if grantee fails to install its conduit, pedestals and/or vaults, and laterals within five working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the five-day period, the cost of new trenching is to be borne by grantee.

(Ord. 129 § 7.8, 1984)

In cases of multiple dwelling units serviced by aerial utilities, the grantee shall make every reasonable 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.

(Ord. 129 § 7.9, 1984; Ord. 298 § 1, 1989)

A. The 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 a permit or 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 whether the grantor is acting in its governmental or proprietary capacity.

B. The grantee shall notify the grantor at least 10 days prior to the intention of the grantee to commence any construction in any streets except in case of a bona fide emergency. 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 right-of-way and that proposed construction shall be done in accordance with the pertinent provisions of the ordinances of the grantor.

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

D. Grantee shall, at its own expense, and in a manner approved by the grantor, restore to its previously existing condition any public right-of-way which is damaged or disturbed 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.

F. The 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 the grantee when, in the opinion of the grantor the same is required by reason of traffic conditions, public safety, street vacation, freeway or 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, or any other structure or public improvement, including but not limited to movement of buildings, redevelopment, or any general program under which the grantor shall undertake to cause any such properties to be located beneath the surface of the ground. Nothing under this chapter shall be deemed a taking of the property of the grantee and the grantee shall be entitled to no surcharge by reason of anything under this chapter.

H. Upon failure of the 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 the grantee within 30 days after receipt of such itemized report.

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

J. The grantor reserves the right to require conduit for underground cabling as determined by the superintendent of streets.

(Ord. 129 § 7.10, 1984; Ord. 298 § 1, 1989)

A. Construction Standards.

1. Compliance 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 National Electrical Code as amended, and all applicable State and local codes.

3. Antennas and Towers. Antenna supporting structures (towers) shall be designed for the proper loading as specified in Electronics Industry Association’s R.S.-222-A specifications.

4. Compliance with Aviation Requirements. Antenna supporting structures (towers) 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 site, headend 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 grantor may deem reasonably proper to make, or to interfere in any manner with the reasonable rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.

6. Safety and 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.

C. Test and Compliance Procedure.

1. Frequency of Testing. Grantee shall test the system monthly, on a calendar basis, with no longer than six weeks, nor less than three weeks between monthly tests.

2. Equipment Calibration. All frequency and/or signal level sensitive pieces of test equipment used to perform the monthly tests described herein shall be calibrated, as evidenced by a current certificate of calibration issued by a competent independent calibration facility with traceability of calibration for each piece of equipment to the National Bureau of Standards. In lieu of the requirement of independent calibration, grantee may at its option, certify that its equipment is calibrated and, at the grantor’s request, provide records to demonstrate the traceability of such calibration for each piece of equipment to the National Bureau of Standards.

3. Test Location.

a. The monthly tests shall be made at the output of the (electrically) furthest subscriber tap on any distribution leg checked.

b. The specific test points checked shall be rotated from month to month so that no test point shall be revisited during a monthly test check until all other distribution end-of-lines have been checked, except as provided for below.

c. The output of the subscriber tap shall be connected to the input of the measurement equipment via a 100-foot RG-6 jumper to simulate a typical subscriber drop, and the signal levels measured, recorded, and reported to the grantor prior to making any corrective actions at the subject test location, or on the trunk and distribution legs feeding the subject test location.

4. Tests to be Performed. The following tests shall be performed at five test locations of the outside plant system within the City of Poway. (For the purposes of the following subsections, a channel shall be considered as being “activated” if grantee carries on that channel programming of any nature which is normally available to one or more subscribers within the system.)

a. Video carrier levels on all activated channels. Unit of reporting assessment shall be dBmV.

b. Aural carrier levels on all activated channels. Unit of measurement shall be dBmV.

c. Carrier-to-noise measurement on no less than one activated channel. Unit of reporting measurement shall be a positive number, expressed in dB relative to the reference carrier.

d. Low frequency distortion (“Hum”) measurement on no less than one activated channel with modulation removed, or a substitute unmodulated carrier of equal level to regular video channels. Unit of reporting measurement shall be the percentage of Hum relative to the reference unmodulated carrier.

e. Composite distortion measurement on no less than one activated channel made by measuring the difference between the normal video carrier level, and the highest level distortion product(s) falling within the video bandwidth with the normal video carrier removed, if any. Unit of reporting measurement shall be a negative number, expressed in dB relative to the reference video carrier.

5. Report Scope. The report required by subsection (C)(6) of this section shall contain clear and sufficient information so that the specific test point location may be accurately determined from the report. At a minimum, the test report for each location shall include the following:

a. Tap value and number of ports;

b. Grantee map page and grid, or Thomas Brother’s map page and grid;

c. Trunk and line extender cascade count;

d. Street address (or other suitable physical description);

e. Date of testing;

f. Time of testing;

g. List of all frequency and/or signal level sensitive equipment by manufacturer, model number, and serial number;

h. A statement indicating that all of the equipment generally described in subsection (C)(5)(h) of this section meets the calibration requirements of subsection (C)(2) of this section;

i. Name (printed), and signature of person actually performing the tests described above, for the purpose of certifying the accuracy of the test point report.

6. Report Submission to Grantor. The test point reports shall be submitted to the grantor (either in person, or via prepaid U.S. first class mail), at a location designated by the grantor from time to time, no later than 14 calendar days after the tests are made.

7. Special Retesting of Test Point Locations. In the event that a test point fails to meet any of the technical parameters described elsewhere (in the body of the franchise), shall, in a timely manner, correct the deficiency causing the test point to fail upon initial inspection. Within six weeks after corrections are completed, grantee shall demonstrate to the grantor that, at a minimum all parameters described in subsection A of this section above meet the technical parameters described elsewhere in the franchise agreement. Compliance shall be evidenced by retesting the subject test location in accordance with the test procedures listed above, and by submitting to the grantor a special retest report containing the information described in subsection (C)(5) of this section.

D. Special Tests. At any time after commencement of service to subscribers the grantor may require additional tests, full or partial repeat tests, different test procedures, 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 an unresolved controversy or significant noncompliance, and such tests shall be limited to the particular matter in controversy. The grantor shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to the grantee or to the subscriber.

(Ord. 129 § 7.11, 1984; Ord. 298 § 1, 1989)

A. Interconnection Required. If required by the franchise agreement, the grantee shall interconnect access channels of the cable communications system with any or all other systems operated pursuant to franchises in contiguous areas within the City, upon the directive of the grantor. Interconnection of systems shall permit interactive transmission and reception of program material, and may be done by direct cable connection, microwave link, satellite, or other appropriate method.

B. Interconnection Procedure. Upon receiving the directive of the grantor to interconnect, and if feasible, the grantee shall immediately initiate negotiations with the other affected system or systems. The cost shall be borne by both or all grantees, in the proportion of number of channels received to total number of channels transmitted and received, under the assumption that benefits accrue primarily through receipt of additional channels.

C. Relief. The grantee may be granted reasonable extensions of time to interconnect or the grantor may rescind its order to interconnect upon petition by the grantee to the grantor. The grantor may grant said request if it finds that the grantee has negotiated in good faith and has failed to obtain an approval from the system or systems of the proposed interconnection, or that the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates.

D. Initial Technical Requirements to Assure Future Interconnection Capability.

1. All cable communications systems receiving franchises to operate within the City shall use the same frequency allocations for commonly provided television signals so far as is technically and economically feasible.

2. The grantee shall provide local origination and access equipment that is compatible throughout the area so that videocassettes or videotapes can be shared by various systems.

(Ord. 129 § 7.12, 1984; Ord. 298 § 1, 1989)