Ventura Municipal Code Art. 3 Cable System Construction Standards

Every cable franchise grant will specify the construction schedule for any required construction, upgrade, or rebuild of the cable system. The schedule will provide for prompt completion of the project, considering the amount and type of construction required. (Ord. No. 99-38, § 4, 10-18-99)

A. A franchisee will construct, operate, and repair the cable system subject to the supervision of all city officials and in compliance with applicable law affecting the cable system.

B. Every cable system is subject to the city’s right of periodic inspection to determine compliance with the cable franchise grant and/or applicable law. Applicable law will determine responsibility for the city’s inspection costs.

C. The city will provide reasonable advance written notice to a franchisee when a city inspection will require the franchisee’s cable system to be moved or when a device is attached to any portion of the franchisee’s cable system located more than 12 inches outside a subscriber’s premises. Inspections will be conducted to not unreasonably interfere with cable system operations. (Ord. No. 99-38, § 4, 10-18-99)

A. Cable system construction, operation, and repair will be in accord with all applicable law.

B. Cable system construction, operation, and repair will be performed in accord with high industry standards.

C. The most stringent code or standard under applicable law or under the cable franchise grant will apply in the event of any conflict (except insofar as that standard, if followed, would result in a system that could not meet requirements of applicable law).

D. A franchisee will employ reasonable care at all times, within the meaning of applicable law, and will install and maintain in use commonly accepted methods and/or devices to reduce the likelihood of damage, injury, or nuisance to the public.

E. A franchisee’s cable system will be constructed, operated, and maintained in accordance with good engineering practices, performed by experienced and properly trained maintenance and construction personnel. (Ord. No. 99-38, § 4, 10-18-99)

A. Except in underground utility districts or as otherwise provided in a cable franchise grant:

Franchisee’s cable system may be installed overhead where poles now exist and electric and telephone lines are overhead at the time of installation, but where either electric or telephone lines are underground, or are scheduled to be placed underground, the cable system will be installed underground in accordance with then-existing city practices, subject to any waivers that may be granted.

B. Where a franchisee is rebuilding or replacing existing aerial plant, the replacement or rebuilt plant may be placed above ground, except as provided in this section, or where the plant being rebuilt or replaced should have been located underground.

C. Whenever and wherever the owner of the poles moves its plant from overhead to underground placement in an area, all cable system facilities and plants in that area will be similarly moved underground by the franchisee as directed by the city in accordance with then-existing city practices, subject to any waivers that may be granted. In any location where a franchisee’s cable system facilities are the sole facilities located above ground, these facilities will be moved underground within such reasonable time frame (considering the work to be performed) as the city directs.

D. Nothing in this section will be deemed to prevent the city from enforcing any other provisions of this code under which a franchisee may be obligated to place facilities underground. (Ord. No. 99-38, § 4, 10-18-99)

Unless otherwise permitted by applicable law, a franchisee’s cable system will not interfere in any way with:

A. The city’s public improvements;

B. Public property;

C. Private property rights; or

D. Pedestrian or vehicular traffic. (Ord. No. 99-38, § 4, 10-18-99)

Franchisee will promptly repair any disturbance or damage to public property or private property caused by franchisee’s repair, replacement, relocation, operation, maintenance, or construction of a cable system. (Ord. No. 99-38, § 4, 10-18-99)

Except as provided below, a franchisee will protect, support, temporarily disconnect, relocate, or remove any of its property at the time and in the manner required by the city or any other governmental entity for any governmental purpose.

A. Except in an emergency, the city will provide written notice describing where the work is to be performed at least one week before the deadline for performing the work; a franchisee may seek an extension of the time to perform the work where it cannot be performed in one week even with the exercise of due diligence, and such request for an extension will not be unreasonably refused;

B. The franchisee may abandon any property in public rights-of-way that is in place upon written notice to the city and separate notice to the public works director, unless the city determines, in the exercise of its reasonable discretion exercised within 90 days of the date the required written notices are received, that the safety, appearance, functioning or use of public rights-of-way and facilities in public rights-of-way will be adversely affected. Abandonment will be in a manner acceptable to the city engineer. (Ord. No. 99-38, § 4, 10-18-99)

Within 30 days after receiving the city’s written request, a franchisee will expose its subsurface cable system facilities by potholing (digging a test hole) to a depth of one foot below the bottom of such facilities. Franchisee must bear costs of potholing for any city project (whether undertaken by the city alone or jointly). (Ord. No. 99-38, § 4, 10-18-99)

A. If any removal, relaying, or relocation is required to accommodate the construction, operation, or repair of the facilities of another person authorized to use public rights-of-way, a franchisee will, after 30 days’ advance written notice, take action to effect the necessary changes requested by such person.

B. Unless the matter is governed by a valid contract or applicable law, or unless the franchisee’s cable system was improperly installed and if installed properly, the removal, relocation or relaying would be unnecessary, the reasonable cost of removal, relaying, or relocation will be borne by the person requesting the removal, relaying, or relocation.

C. The city may direct a franchisee to remove, relay, or relocate the franchisee’s facilities pending resolution of a dispute as to responsibility for costs, upon posting of a bond by the person requesting such removal, relaying, or relocation in the amount of franchisee’s estimated costs. (Ord. No. 99-38, § 4, 10-18-99)

In an emergency, or where a cable system creates or is contributing to an imminent danger to public health, safety, or property, the city may remove, relay, or relocate any or all parts of that cable system without prior notice; however, the city will make reasonable efforts to provide prior notice. (Ord. No. 99-38, § 4, 10-18-99)

Upon the request of a person holding a valid permit, a franchisee will temporarily raise or lower its wires to allow buildings or other objects to be moved. The requesting person will pay for any expense associated with such temporary removal or raising or lowering of wires. Franchisee will have the authority to estimate the reasonable material and labor costs and require payment of the same in advance. The franchisee will be given not less than seven days’ advance notice to arrange for such temporary wire changes. (Ord. No. 99-38, § 4, 10-18-99)

A franchisee has the authority to trim trees overhanging public rights-of-way to prevent tree branches from contacting franchisee’s cable system. Franchisee will be fully liable for any damage caused by its own trimming, and is responsible for replacing damaged trees and shrubs. Franchisee will be responsible for notifying affected property owners before trimming trees and will obtain the city’s permission and follow all city guidelines with respect to tree trimming. At the city’s option, such trimming may be done by it. (Ord. No. 99-38, § 4, 10-18-99)

A. The city has the right, free of charge, to install and maintain any wire and pole fixtures on any of a franchisee’s poles or in its conduits in a manner that does not unreasonably interfere with a franchisee’s cable system. In determining whether a use unreasonably interferes with franchisee’s cable system, the city will apply standards adopted by the California Public Utilities Commission for pole and conduit use in Part VII of its “Rules Governing Access to Rights-of-Way and Support Structures of Incumbent Telephone and Electric Utilities.”

B. Franchisee will notify the city when it enters into an agreement for use of its poles and conduits. Copies of agreements for use of franchisee’s conduits or poles in public rights-of-way will be made available for review upon the city’s request. (Ord. No. 99-38, § 4, 10-18-99)

A. Any contractor or subcontractor franchisee uses must be properly licensed under applicable law. Each contractor or subcontractor has the same obligations with respect to its work as franchisee would have under this code and applicable law if the work were performed by franchisee.

B. The franchisee is responsible for ensuring that the work of contractors and subcontractors is performed consistent with its franchise grant and applicable law; is responsible for all acts or omissions of contractors or subcontractors; is responsible for promptly correcting acts or omissions by any contractor or subcontractor; and will implement a quality control program to ensure that the work is properly performed. This section is not meant to alter tort liability of franchisee to third parties.

C. The franchisee will require its contractors or subcontractors to identify themselves as being affiliated with the franchisee through reasonable means; for example, without limitation, using franchisee’s uniforms, identification badges, franchisee’s logo, and/or franchisee’s vehicles. (Ord. No. 99-38, § 4, 10-18-99)

Each franchisee will cooperate in planning, locating, and constructing its cable system in utility joint trenches or common duct banks with other telecommunications providers. A franchisee and the city will offer to make space available to the other and to other persons who participate in joint trenching, on reasonable terms. (Ord. No. 99-38, § 4, 10-18-99)

Each franchisee will be a member of the regional notification center for subsurface installations (underground services alert) and will field mark, at its sole cost and expense, the locations of its underground cable system facilities upon notification in accordance with applicable law. (Ord. No. 99-38, § 4, 10-18-99)