Watsonville Municipal Code Art. 4 Physical Requirements

(a) Grantee shall not construct any portion of the Cable System until Grantee has secured necessary permits from Grantor, or other cognizant public agencies.

(b) In those areas of the Franchise Area where transmission or distribution facilities of the public utilities providing telephone, electric power, sewer or water services or the Cable Television System of Grantee(s) are underground as of the effective date of this Chapter, the Grantee likewise shall continue to construct, operate and maintain its Cable Systems underground. For the purposes of this subsection, “underground” shall include a partial underground system. When approved by the Grantor, amplifiers and other equipment in Grantee’s transmission and distribution lines may be placed in appropriate housings upon the surface of the ground, provided that placement of such housings shall be in compliance with applicable Federal or local access requirements, such as provided for in the Americans With Disabilities Act of 1990 (“ADA”). The Grantor shall not in any manner be responsible for any costs or liabilities incurred by Grantee in placing Grantee’s Cable System facilities underground or obtaining any easements therefor.

(c) In those areas of the City where Grantee’s Cable System is located on the above-ground transmission or distribution facilities of the public utility providing telephone or electric power service, and in the event that the facilities of both such public utilities subsequently are placed underground at such public utilities’ cost, then the Grantee likewise shall reconstruct, operate and maintain its transmission and distribution facilities underground, at Grantee’s cost. Certain of Grantee’s equipment, such as pedestals, amplifiers and power supplies, which normally are placed above ground, may, with approval of Grantor, continue to remain in above-ground enclosures, provided that placement of such enclosures shall be in compliance with applicable federal or local access requirements, such as provided for in ADA.

(d) If a Grantor of a Franchise pursuant to this Chapter desires to serve new residential developments in which the electric power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements:

(1) The developer shall be responsible for contacting all Franchises to ascertain which Franchisee is to provide Cable Service to that development. The developer may establish a reasonable deadline to receive a response. Any Tentative or other Subdivision Map shall indicate the Franchise that has agreed to serve the development.

(2) If one or two (2) Franchises wish to provide service, they shall be accommodated in the joint public utilities trench on a nondiscriminatory basis.

(3) Cost of trenching, installing conduit and aerial lines and obtaining easements shall be the responsibility of the developer.

(4) The developer shall provide at least ten (10) working days’ notice of the date that utility trenches will be open to the Franchisees that have agreed to serve the development. When the trenches are open, Franchisees shall have two (2) working days to begin the installation of their Cable System, and five (5) working days after beginning installation to complete installation.

(5) The Final Subdivision Map shall not be approved until the developer submits evidence to Grantor that:

(i) It has notified each Franchisee that underground utility trenches are to open as of an estimated date, and that each Franchisee will be allowed access to such trenches, including trenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and

(ii) It has received a written notification from each Franchisee that the Franchisee intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually acceptable to the developer and Grantee, or has received no reply from a Grantee within ten (10) days after its notification to such Grantee, in which case the Grantee will be deemed to have waived its opportunity to install its facilities during the open trench period.

(6) Sharing the joint utilities trench shall be subject to compliance with Public Utilities Commission and City utility standards. If such compliance is not possible, the developer shall provide a separate trench for the Cable System. With the concurrence of the developer, the affected utilities and the Franchisees, alternative installation procedures, such as use of deeper trenches, may be utilized, subject to applicable law.

(7) If a developer has complied with the terms of this Chapter, then any Franchisee wishing to serve an area where the trenches have been closed and which has not responded in the manner required by this Section, shall be responsible for all of its own trenching and associated costs.

(8) If more than one Franchise is granted, the Grantor reserves the right to limit the number of drop cables and/or pedestals per residence.

(e) 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.

(f) Grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of the National Electrical Code as adopted by the City from time to time, in such manner that they will not interfere with any installations of the City or of a public utility serving the City. Grantee shall strictly adhere to all locally adopted building and zoning codes currently or hereafter in force.

(g) All structures and Cable System in, over, under, and upon streets, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair.

(h) Grantee shall arrange its Cable System and other appurtenances on both public and private property in such manner as to cause no unreasonable interference with the use of public or private property by any person.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

The Grantee shall be required to extend Cable Service from any existing terminus of the Cable System to any area within the Franchise Area having a density of at least ten (10) existing and completed dwelling units within any one-quarter ( 1/4) linear mile, provided that the dwelling unit nearest to the existing terminus of the Cable System in such one-quarter ( 1/4) linear mile is within one-half ( 1/2) mile of the existing terminus of the Cable System. Within thirty (30) days after Grantee has confirmed the existence of the density provided above, Grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required for the extension of such trunk cable, including any utility joint use agreements and any permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of the Cable System. Within thirty (30) days following completion of such trunk cable extension construction, the Grantee shall proceed to render Cable Service; provided, however, that any Subscriber requesting Cable Service from the extension of the energized trunk cable shall be subject to the provisions of Section 3-11.404 of this Chapter.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

The Grantee shall construct, install, operate and maintain its Cable Television System in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards, and any detailed standards set forth in its Franchise Agreement. In addition, the Grantee shall provide to the Grantor, upon request, a written report of the results of the Grantee’s periodic proof of performance test conducted pursuant to FCC technical standards and guidelines. Failure to comply with technical standards shall constitute a material breach of any Franchise Agreement.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

(a) The Grantee shall extend Cable Service to any potential Subscriber located in the Service Area served by Grantee’s energized distribution cable which requires only the connection of a standard drop or tap to make such service available, including those premises serviced by underground utilities, at a standard documented rate if the owner or occupant of the premises requests such service.

(b) If the Cable Service connection requires no more than a two hundred fifty (250') foot aerial drop line, the Grantee shall provide connection to its service at no charge for the initial two hundred fifty (250') feet, other than the Grantee’s standard installation fee. The Grantee may charge any prospective Subscriber for the Grantee’s actual cost of all labor, equipment and materials for:

(1) That portion of any new aerial service connection in excess of two hundred fifty (250') feet;

(2) The length of any new Cable Service connection installed underground; and

(3) The entire length of any new Cable Service connection to remote or relatively inaccessible Subscribers.

Prior to installing any Cable Service connection for which the Grantee will charge a prospective Subscriber on a time and materials basis, the Grantee must present the prospective Subscriber with a written statement of its estimated costs for the Cable Service connection.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

With the Grantor’s reasonable cooperation, Grantee shall, without charge to Grantor, within one hundred eighty (180) days of the Effective Date of any Franchise Agreement granted pursuant to this Chapter, fully wire with one or more outlets and provide all legally and contractually allowable Subscriber services of its Cable System to all public and nonprofit private schools, City police and fire stations, City recreation centers, libraries, City Hall, and such other buildings owned or controlled by the City, provided that such buildings shall be located within the Franchise Area. Grantee shall have no obligation to provide such Cable Service to buildings owned or controlled by the City if the primary purpose for such buildings is solely to house equipment, store records or provide residential housing.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

Within thirty (30) days after the effective date of any Franchise Agreement granted pursuant to this Chapter, the Grantee shall commence and 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 joint use attachment agreements, microwave carrier licenses and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of the Cable Systems.

In connection therewith, 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 television operations, shall also be submitted simultaneously to the City Manager.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

Within ninety (90) days after obtaining all necessary permits, licenses and authorizations, including right of access to poles and conduits, Grantee shall commence construction and installation of the Cable System.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

Within one hundred eighty (180) days after the commencement of construction and installation of the Cable System, Grantee shall begin Cable Service to Subscribers, and the completion of the installation and construction shall be pursued with reasonable diligence thereafter, so that Cable Service to all of the areas designated and scheduled on the final map approved by the Grantor made part of the Franchise Agreement shall be provided as set forth therein. Grantee is required to complete construction of Cable System in a maximum of three (3) years, although a shorter time may be specified in the Franchise Agreement.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

Grantee shall utilize existing poles, conduits, and components of a Cable System whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or owned property unless and until first securing the written approval of the Grantor.

Whenever Grantee is permitted to use existing poles, conduits and other components of the Cable System, or whenever existing conduits and other facilities are located beneath the surface of the streets, or whenever the City shall undertake a program designed to cause conduits and other components of the Cable System to be located beneath the surface of the streets within the Franchise Area, in the exercise of its police power or pursuant to the terms hereof or any Franchise Agreement, upon reasonable notice to Grantee, any such conduits or other components of the Cable System of Grantee shall be constructed in accordance with Section 3-11.401.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

The City 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 City does not unreasonably interfere with the use by Grantee.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

The Grantee at its expense shall protect, support, temporarily disconnect, relocate, or remove any property of Grantee when, in the opinion of the Grantor, the same is required 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 line, signal line, transportation facilities, tracks, or any other types of structure or improvements or governmental agencies whether acting in a governmental or a 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 Grantor shall undertake to cause all such properties of the Grantee to be located beneath the surface of the ground. The Grantee shall in all cases have the privilege, subject to the corresponding obligations, to abandon any real property of Grantee in place, as provided in this Chapter. Nothing under this Section shall be deemed a taking of the property of Grantee, and Grantee shall be entitled to no surcharge by reason of anything in this Chapter.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

Upon the failure, refusal, or neglect of Grantee to cause any work or other act required by law or in this Chapter to be done on any street within any time prescribed therefor, or upon notice given, where no time is prescribed, the Grantor may cause such work or other act to be completed in whole or in part, and upon so doing shall submit to Grantee an itemized statement of the costs thereof. The Grantee shall, within thirty (30) days after receipt of such statement, pay to the Grantor the entire amount thereof.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

(a) In the event that:

(1) The use of any part of the Cable System of Grantee ceases to operate for any reason for a continuous period of thirty (30) days without prior written notice to and approval by the Grantor; or

(2) Any part of such Cable System has been installed in any street or other area without complying with the requirements of this Chapter; or

(3) Any Franchise shall be terminated, canceled, or shall expire; then the Grantee shall, at the option of the Grantor, and at the expense of Grantee and at no expense to the Grantor, and upon demand of the Grantor, promptly remove from any streets or other areas all property of Grantee, and Grantee shall promptly restore the street or other area from which such property has been removed to such condition as the Grantor shall approve.

(b) Grantor may, upon written application therefor by Grantee, approve the abandonment of any of such property in place by Grantee and under such terms and conditions as the Grantor may prescribe. Upon abandonment of any of such property in place, Grantee shall cause to be executed, acknowledged, and delivered to the Grantor such instruments as the City Attorney shall prescribe and approve, transferring and conveying the ownership of such property to the Grantor.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

All Cable System Franchise must provide, insofar as technically and financially possible, the capability to interconnect and interoperate with other available Cable Systems within the Franchise Area and to neighboring Franchises within Santa Cruz and Monterey Counties.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)