Tehama County Municipal Code Art. V Design and Construction

Standards of cable communications system(s) design, construction, safety and operation will meet, but are not limited to all applicable county, state and national/federal codes, rules, regulations and specifications referenced and/or set forth in this chapter and the franchise agreement, including those documents incorporated therein by reference.

(Ord. 1337 §6.1, 1986)

All cable communications systems authorized to be constructed and/or operated pursuant to this chapter shall be, insofar as financially and technically feasible, compatible one with another.

(Ord. 1337 §6.2, 1986)

The services of a newly constructed system, or one that has undergone a major upgrade, shall not be offered for sale prior to proofof performance testing in accordance with FCC Part 76.601, and technical specifications and standards as set forth in the franchise agreement.

(Ord. 1337 §6.4, 1986)

A comprehensive routine preventative maintenance program shall be developed, effected and maintained for each system by the respective grantee to ensure continued topquality cable communications operating standards, in consonance with FCC Part 76 and the technical specifications stipulated in the franchise agreement.

(Ord. 1337 §6.3, 1986)

A. Grantee's corrective maintenance program shall render efficient corrective service, make repairs promptly, and interrupt subscriber service only for good cause and for the shortest possible time. Such interruptions shall be preceded by notice, where practicable, and shall occur during a period of minimum use of the system if feasible.

B. A written log shall be maintained of all service interruptions. The log shall reflect the date, time, duration, and reason for each service interruption. The record of the log shall be kept on file for a minimum of three years.

(Ord. 1337 §6.5, 1986)

Within thirty days of acceptance of the franchise, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including but not limited to any utility jointuse attachment agreements, encroachment permits, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of cable television/communications systems, or associated microwave transmission facilities.

(Ord. 1337 §7.1.1, 1986)

In connection with Section 6.20.510, copies of all petitions, applications and communications submitted by the grantee to the FCC, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting grantee's cable communications operations, shall also be submitted to the county board for information purposes; provided, that the county shall maintain the confidentiality of any trade secrets or other proprietary information in the possession of the grantee, and provided further that records shall be exempt from inspection to the extent such records are protected by law against discovery in litigation.

(Ord. 1337 §7.1.2, 1986)

A. Within ninety days after obtaining all necessary permits, licenses and authorizations, including right of access to poles and conduits, grantee shall commence system construction, extension and/or upgrade, as appropriate under the franchise agreement.

B. Within two years following franchise award, grantee shall proceed to render service to subscribers in accordance with its system construction, extension and/or upgrade commitments under the franchise agreement. The completion of the system construction, extension and/or upgrade shall be pursued with reasonable diligence thereafter, so that service to all of the areas designated and scheduled on the map and plan of construction made part of the franchise agreement shall be provided as set forth therein.

C. Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein, except as otherwise provided for in the franchise agreement, shall be grounds for termination of such franchise. By resolution and order, the board, in its discretion, may extend the time for the commencement and completion of construction, extension and/or upgrade for additional periods in the event that the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control.

D. The county shall have the right, free of charge, to make additional use, for any public or municipal purpose, whether governmental or proprietary, of any poles, conduits or other similar facilities erected, controlled or maintained exclusively by or for grantee in any street, provided such use by the county does not interfere with the use by the grantee.

E. 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, unless and until first securing the written approval of the county's engineer.

F. In all sections of the county where wires, cables and other system appurtenances are mounted aboveground, every reasonable effort shall be made to minimize obstruction of the view of residents, and every reasonable effort shall be made to preclude an unsightly system installation.

(Ord. 1337 §7.2, 1986)

A. Any pavements, sidewalks, curbing or other paved area taken up, or any excavations made by a grantee, shall be done under permits issued for the work by proper officials of the county, and under their supervision and direction, and shall be done in such a manner as to give the least inconvenience to the inhabitants of the county. A grantee shall, at its own cost and expense, and in a manner approved by the director of public works, replace and restore any such pavements, sidewalks, curbing or other paved areas in as good a condition as before the work involving such disturbance was done, and shall also make and keep full and complete plats, maps and records showing the exact locations of its facilities located within the public streets, ways and easements of the county. These maps shall be available for inspection at any time during normal business hours by county officials.

(Ord. 1337 §7.5.1, 1986)

A grantee shall, on the request of any person holding a building moving permit issued by the county, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than fortyeight hours' advance notice to arrange for such temporary wire changes.

(Ord. 1337 §7.5.2, 1986)

Unless otherwise authorized by the board, in those areas and portions of the county where the transmission and/or distribution facilities of the public utility providing telephone service, and those of the utility providing electric service, are underground, or hereafter are placed underground, or are to be placed underground by a builder, developer or subdivider as part of a development or subdivision, then the grantee shall likewise construct, operate and maintain all its transmission and distribution facilities underground, to the maximum extent that existing technology permits the grantee to do so.

(Ord. 1337 §7.3.1, 1986)

A. Extension of underground distribution lines to new residential units, whether singlefamily or multifamily, will be performed by the builder or developer. The builder or developer of the new residential unit or units will provide and install, to the grantee's current specifications, at his or her sole cost and expense (paid in advance of project start), trenches for underground distribution, service laterals, service drop trenches to the unit's point of entry, backfill and restoration of trench area, conduit, vaults, pedestals, and internal wiring.

B. The builder or developer will provide the grantee with sufficient conduit space, vaults and pedestals to enable it to furnish cable service in conformity with the requirements of this chapter, and with such additional requirements relative to the operation of the grantee's cable communications system as are reasonably foreseeable. The grantee's amplifiers and essential connections thereto may be in appropriate housing above the surface of the ground, as approved by the director of public works. The county shall not in any manner be responsible for any costs incurred by the grantee in placing this property underground.

C. To insure that cable service is available under these provisions, the builder or developer will provide the director of public works plans for inclusion of cable service with his or her plans for utilities, including telephone, electrical service and natural gas service. The builder or developer will also include proof that a contractual agreement exists between the builder or developer and the grantee which is consistent with this section before a building permit is issued.

D. Provided the builder or developer has fulfilled his or her contractual commitments to the grantee, the grantee shall make cable service available to such new unit or units within ninety days of the date of occupancy. New subdivisions, developments and multifamily residential units shall be considered occupied for these purposes when a minimum of thirtyfive housing units or sixty percent of such units, whichever is the lesser, are occupied.

E. In those areas and portions of the county where utility service and/or cable communications facilities are currently located underground, the grantee shall be responsible for the undergrounding of its cable facilities, including the performance of all necessary trenching and backfilling of main line and service trenches, and furnishing of any imported backfill material required.

F. Previously installed aerial cable shall be undergrounded in concert, and on a costsharing basis, with utilities, pursuant to the general ordinances of the county or applicable state law, or in the event such action shall be taken by all utilities on a voluntary basis.

G. Subject to approval by the board, incidental appurtenances such as amplifier boxes and pedestalmounted terminal boxes may be placed aboveground, but shall be of such size and design, and shall be so located, as not to be unsightly or hazardous to the public.

(Ord. 1337 §7.3.2- 7.3.5, 1986)

The grantee shall extend residential and institutional service (the latter as set forth in the franchise agreement) into every new subdivision and/or development. The capacity to provide cable communications service shall be available to newly constructed structures on the date of first occupancy. Actual installation of service may be delayed up to sixty days from first occupancy, or until after final grading, whichever is first. Those new areas having more dwelling units per strand mile of plant than the number stipulated in the franchise agreement shall receive residential service for the normal installation fee. In those areas where the number of dwelling units per strand mile is less than the number stipulated in the franchise agreement, grantee will provide residential cable service on a prorata basis, sharing the costs with the potential subscriber(s), as determined by a formulation set forth in the franchise agreement.

(Ord. 1337 §7.4, 1986)

Upon any failure of the grantee to commence, pursue or complete any work required of it by law or by the provisions of a franchise to be done in any street, the board, at its option and according to law, may cause such work to be done, and the grantee shall pay to the county the cost thereof in the itemized amounts reported by the board to the grantee, within thirty days after receipt of such itemized report.

(Ord. 1337 §7.6.1, 1986)

In the event that any part of the system has been installed in any street or other area without complying with the requirements hereof and/or the franchise agreement; or the use of any part of the system of grantee is discontinued for any reason for a continuous period of thirty days, without prior written notice to and approval by the county; or any franchise shall be terminated, cancelled or shall expire, then the grantee shall, at the option of the county, and at the expense of grantee and at no expense to the county, upon demand of the county, promptly restore the street or other area from which such property has been removed to such condition as the director of public works shall approve.

(Ord. 1337 §7.6.2, 1986)

The grantee, at his expense, shall protect, support, temporarily disconnect, relocate or remove any property of grantee when required by the board by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, structures or improvements by governmental agencies, whether acting in a governmental or 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 county shall undertake to cause all such properties to be located beneath the surface of the ground; provided, that grantee shall in all cases have the privileges and be under the obligations as to the abandonment of franchise property in place which are provided in Section 6.20.620 below.

(Ord. 1337 §7.7, 1986)

A. In the event the use of any grantee property is permanently discontinued, or no franchise has been obtained therefor upon expiration of or within twelve months after any termination of a franchise, the grantee shall promptly remove from the streets all property involved, other than the board may, at its sole option, permit to be abandoned in place.

B. A permit to abandon in place must be obtained from the director of public works. Nothing hereunder shall be deemed as taking of the property of grantee, and grantee shall be entitled to no surcharge by reason of anything hereunder.

C. Any property of the grantee remaining in place one hundred and twenty days after termination or expiration of the franchise shall be considered permanently abandoned. The director of public works may extend such time in thirty day increments not to exceed two such extensions, or a total of one hundred and eighty days.

D. Grantee property to be abandoned in place shall be abandoned in such a manner as the board shall prescribe. Upon abandonment of any franchise property in place, the grantee shall submit to the board an instrument, satisfactory to the county counsel, transferring to the county the ownership of such property.

(Ord. 1337 §7.8, 1986)