Wheatland Municipal Code § 5.36.300 Right to service

No person, firm or corporation within the service area of the grantee, and where trunk lines are in place, shall be refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or service charge.

(Ord. 254 § 13(h), 1980)

Before providing cable television service to any subscriber, the grantee shall provide a written notice to the subscriber substantially as follows:

Subscriber is hereby notified that in providing cable television service the Grantee is making use of the public rights-of-way within the City of Wheatland and that the continued use of such rights-of-way is in no way guaranteed. In the event the continued use of such rights-of-way is denied to Grantee for any reason, Grantee will make every reasonable effort to provide service over alternate routes. By accepting cable television service, subscriber agrees he will make no claim nor undertake any action against the City of Wheatland, its officers, or its employees if the service to be provided hereunder is interrupted or discontinued.

(Ord. 254 § 13(i), 1980)

The form of the grantee's contract with the subscriber shall also be subject to approval of the city.

(Ord. 254 513(j), 1980)

Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a cable television system in the city, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any street, such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, and appliances, attachments, and other property as may be necessary and appurtenant to the cable television system; and, in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the city.

(Ord. 254 § 3(f), 1980)

A. It is the desire of the city that all cable television systems franchised hereunder shall, insofar as financially and technically possible, be compatible one with another and with systems adjacent to the city.

B. Wherever it is financially and technically feasible, the grantee shall so construct, operate and modify the system so as to tie the same into all other systems within and adjacent to the city.

(Ord. 254 § 3(e), 1980)

A. Within thirty days after acceptance of any 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 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 cable television systems, or associated microwave transmission facilities.

B. In connection therewith, copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting the grantee's cable television operations, shall also be submitted simultaneously to the chief administrative officer.

C. Within ninety days after obtaining all necessary permits, licenses and authorizations, including right of access to poles and conduits, the grantee shall commence construction and installation of the cable television system.

D. Within one hundred eighty days after the commencement of construction and installation of the system, the grantee shall proceed to render service to subscribers, and the completion of the installation and construction 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 shall be provided as set forth therein.

E. 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 in this section shall be grounds for termination of such franchise. By resolution, the council, in its discretion, may extend the time for the commencement and completion of installation and construction for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his or her control.

F. By acceptance of the franchise granted hereunder, the grantee agrees that failure to comply with any time requirements referred to in subsections A, B and C of this section will result in damage to the city, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay; and the grantee therefore agrees that, in addition to any other damage suffered by the city, he or she will pay to the city the sum set by resolution of the city council, per day, for each and every day's delay beyond the time prescribed, plus authorized extensions thereof, for completion of any of the acts required to be done by this section.

(Ord. 254 § 12(a)—(d), 1980)

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 unless and until first securing the written approval of the chief administrative officer.

B. Whenever the grantee shall not utilize existing poles, conduits and other facilities, or whenever existing conduits and other facilities shall be located beneath the surface of the streets, or whenever the city shall undertake a program designed to cause all conduits and other facilities to be located beneath the surface of the streets in any area or throughout the city, in the exercise of its police power or pursuant to the terms hereof, upon reasonable notice to the grantee, any such conduits or other facilities of grantee shall be constructed, installed, placed or replaced beneath the surface of the streets. Any construction, installation, placement, replacement, or changes which may be so required shall be made at the expense of the grantee, whose costs shall be determined as in the case of public utilities.

C. 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 the grantee in any street, provided such use by the city does not interfere with the use by the grantee.

(Ord. 254 § 12(e), (f), 1980)

In those areas of the city where the transmission or distribution facilities of the respective public utilities providing telephone, communication and electric services are underground, or hereafter are placed underground, the grantee likewise shall construct, operate and maintain all of his transmission and distribution facilities underground. The grantee shall in all newly constructed subdivisions, concurrently with the installation of other underground utility services, install in the public right-of-way such facilities as are necessary to serve homes within the subdivision. Undergrounding shall be at the grantee's cost and expense, except that the city shall require the developer of the subdivision to reimburse the grantee for the grantee's share of costs of trenching and substructures (including trenching in the public right-of-way and on individual lots for home service). The city shall also require the builder of each new home within the city constructed after the adoption of this chapter to pre-wire each new home for CATV according to the grantee's specifications, which will be in accordance with industry standards. The term "underground" includes a partial underground system; provided, that upon obtaining the written approval of the chief administrative officer, electronics in the grantee's transmission and distribution lines may be placed in appropriate housings upon the surface of the ground.

(Ord. 254 § 12(g), 1980)

The grantee at his expense shall protect, support, temporarily disconnect, relocate, or remove any property of the grantee when, in the opinion of the chief administrative officer 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 by 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 city shall undertake to cause all such properties 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 property of the grantee in place, as herein provided. Nothing hereunder shall be deemed a taking of the property of the grantee, and the grantee shall be entitled to no surcharge by reason of anything hereunder.

(Ord. 254 § 12(h), 1980)

Upon the failure, refusal, or neglect of the grantee to cause any work or other act required by law or hereunder to be properly completed in, on, over, or under any street within any time prescribed therefor, or upon notice given, where no time is prescribed, the chief administrative officer may cause such work or other act to be completed in whole or in part, and upon so doing shall submit to the grantee an itemized statement of the costs thereof. The grantee shall, within thirty days after receipt of such statement, pay to the city the entire amount thereof.

(Ord. 254 § 12(i), 1980)

In the event that:

A. The use of any part of the system of the grantee is discontinued for any reason for a continuous period of thirty days, without prior written notice to and approval by the city; or

B. Any part of such system has been installed in any street or other area without complying with the requirements hereof; or

C. Any franchise shall be terminated, cancelled, or shall expire, then the grantee shall, at the option of the city, and at the expense of the grantee and at no expense to the city, and upon demand of the city, promptly remove from any streets or other area all property of the grantee, and the grantee shall promptly restore the street or other area from which such property has been removed to such condition as the chief administrative officer shall approve.

(Ord. 254 § 12(j), 1980)