Yolo County Municipal Code Art. 8 Operation and Service

The grantee’s system design and construction shall be such that service shall be made available for the normal installation fee to all residential units within the grantee’s service area, as defined in the franchise and this chapter, including the system extensions required by Section 11-1.1005 of Article 10 of this chapter. (§ 1, Ord. 961, eff. October 27, 1983)

Subject to such regulations as may be adopted by the Board, the grantee shall install cable television service to all persons making a timely and bona fide request for such service at any location within the service area.

After the grantee shall have established service pursuant to a franchise in any area of the County, such service shall not be suspended or abandoned, unless such suspension or abandonment has been authorized or ordered by the Board. (§ 1, Ord. 961, eff. October 27, 1983)

A cable communications system, to be installed and operated pursuant to this chapter, and a franchise granted pursuant to this chapter, unless otherwise provided, shall:

(a) Be capable of relaying to subscriber terminals video and audio signals the grantee is now or hereafter authorized to carry by the Federal Communications Commission or the County;

(b) Distribute in color television signals which it receives in color;

(c) Provide, as a minimum, channel capacity and basic equipment for program production in cablecasting for educational, public, and governmental access uses;

(d) If the system is to serve an aggregate of 5,000 or more dwellings, have a minimum capacity of fifty (50) downstream video channels;

(e) If the system is to serve an aggregate of 5,000 or more dwellings, have a two-way (bi-directional) capacity upon the initial activation of the system or at such time as may be extended by the Board;

(f) Make available, upon a request by any subscribers receiving channels showing premium services and pay per view events, a lockout device which prevents the unauthorized viewing of such channels; and

(g) Make available to subscribers, upon request, an RF switch permitting conversions between cable and direct off-air reception. (§ 1 Ord. 961, eff. October 27, 1983, as amended by § 1, Ord. 1007, eff. June 13, 1985)

The cable communications system permitted to be installed and operated pursuant to this chapter may also engage in the business of:

(a) Transmitting original cablecast programming not received through television broadcast signals;

(b) Transmitting any additional broadcast signals permitted by the Federal Communications Commission;

(c) Transmitting television pictures, films, and videotape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers or subscribers;

(d) Transmitting and receiving all other signals, digital, voice, audio-visual, and the like; and

(e) Transmitting on a nondiscriminatory basis, and for a reasonable rate, burglar, fire, and other non-broadcast services which customers request from persons supplying such services. (§ 1, Ord. 961, eff. October 27, 1983)

Each cable communications system shall include equipment capable of providing standby power for headend facilities and trunk amplifiers for a minimum of two (2) hours. The equipment shall be so constructed as to automatically notify the cable office when it is in operation and to automatically revert to the standby mode when the AC power returns. The system shall incorporate all safeguards necessary to prevent injury to a lineman resulting from a standby generator powering a “dead” utility line. (§ 1, Ord. 961, eff. October 27, 1983, as amended by § 2, Ord. 1007, eff. June 13, 1985)

Each cable communications system shall include an “emergency alert capability” which will permit the County, in times of emergency, to override by remote control alternatively the audio and visual of all channels simultaneously. Each cable communications system shall include the capability to broadcast from the County’s headquarters for civil defense, disaster, and emergency services. (§ 1, Ord. 961, eff. October 27, 1983)

The grantee will be required to provide interconnections to other nearby cable communications systems, at the time and to the extent and in the manner specified by the Board, as set forth in any request for franchise proposals issued by the Board. (§ 1, Ord. 961, eff. October 27, 1983)

Each application for a franchise shall include plans and detailed specifications for the cable communications system which is proposed by the applicant. The system shall be constructed and installed by a grantee in compliance with the plans and specifications contained in the application, except as modified by other franchise documents. (§ 1, Ord. 961, eff. October 27, 1983)

Each grantee shall construct, install, and maintain its cable communications system in a manner consistent and in compliance with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards, and detailed standards set forth in the franchise documents. Each grantee shall provide to the County, upon request, written reports of the grantee’s annual proof-of-performance tests conducted pursuant to FCC standards and requirements. Standards of cable communications system construction, safety, and operation shall meet, but not be limited to, the following referenced specifications, unless exceptions are agreed upon between the County and the grantee. Each grantee shall at all times comply with the:

(a) National Electrical Safety Code (National Bureau of Standards);

(b) National Electrical Code (National Bureau of Fire Underwriters);

(c) California Public Utility Commission General Orders 95, 112-d, and 128;

(d) Applicable FCC and other Federal, State, and local regulations; and

(e) The Codes and other laws of the County. (§ 1, Ord. 961, eff. October 27, 1983)

The construction, installation, and maintenance of the cable communications system shall be performed in an orderly and workmanlike manner and in close coordination with the public and private utilities serving the Yolo County community following accepted construction procedures and practices and working through existing committees and organizations. (§ 1, Ord. 961, eff. October 27, 1983)

The overall system shall be designed and constructed to meet all FCC technical performance specifications and standards over a temperature range of ±50ºF from the mean temperature of the County area and to function throughout all environmental extremes expected. (§ 1, Ord. 961, eff. October 27, 1983)

The forward portion of any cable communications system to serve an aggregate of 5,000 or more dwellings shall be capable of an initial activation of a minimum carriage of fifty (50) Class I television channels, the full FM broadcast band, and pilot carriers or other such auxiliary signals as required for system control. (§ 1, Ord. 961, eff. October 27, 1983)

The combined forward trunk and distribution system shall deliver signals to each and every subscriber’s receiver which will meet or exceed the franchise ordinance specifications at the mean system temperature of ±50ºF, unless otherwise indicated. This shall include the effects of drop cable, interior splits, and any terminal equipment, such as descramblers and set top converters. (§ 1, Ord. 961, eff. October 27, 1983)

The reverse portion of the cable communications system shall be capable of initial activation of a minimum of twenty-five (25) MHz band width, with return signals from each subscriber and institutional (including all schools) signal source to the extreme end of any area in compliance with the specifications set forth in the franchise ordinance.

(a) Where applicable, the end of the system specifications shall include the effects of any signal reprocessing equipment necessary to achieve forward transmission.

(b) Any signal at the subscriber’s television receiver, after being transmitted to the headend, processed, and retransmitted down a forward channel, shall meet the specifications of the franchise ordinance. (§ 1, Ord. 961, eff. October 27, 1983, as amended by § 3, Ord. 1007, eff. June 13, 1985)

All cable communications systems authorized to be constructed and operated pursuant to this chapter shall be compatible with respect to signal exchanges between the systems, insofar as financially and technically feasible. One interconnection point shall be specified by the grantees for signal exchanges between any two (2) systems. The interconnection point shall be selected on the most reasonable direct path between the party providing the signal and the party receiving the signal. Signals delivered to an interconnection point by each party shall utilize such electronic parameters as required to be usable by the receiving party. The technical standards set forth in any request for a proposal issued pursuant to Section 11-1.601 of Article 6 of this chapter shall apply to all signals delivered by any party to such interconnection point. (§ 1, Ord. 961, eff. October 27, 1983, as amended by § 4, Ord. 1007, eff. June 13, 1985)

A comprehensive routine preventive maintenance program shall be developed, effected, and maintained for each system by the respective grantees to ensure continued top quality cable communications operating standards in consonance with FCC Part 76 and the technical specifications stipulated in the franchise ordinance. (§ 1, Ord. 961, eff. October 27, 1983)

(a) No newly constructed system services shall be offered for sale prior to proof-of-performance testing in accordance with FCC Part 76.601 and the technical specifications and standards listed in the franchise agreement. Such initial proof-of-performance testing, and annual proof-of-performance testing, may be conducted by the County, or its designated representative, at the County’s option, when for sufficient cause as deemed by the Board or its designated representative. The County reserves the right to have the measurements conducted at County selected test points and to a greater number of test points than the minimum required by Section 76.601 of the FCC Rules. Additionally, the grantee shall reimburse the County for all expenses by it in connection with the County conducting or observing the annual performance tests when the results of such tests are deemed by the County to fall below a ninety (90%) percent level of compliance with the technical standards as set forth in FCC Part 76 and in the franchise agreement.

(b) If, after a public hearing, notice of which has been given in the manner prescribed by Section 11-1.406 of Article 4 of this chapter, the Board finds that a grantee has failed to comply with or maintain the technical standards or quality of service set forth in the franchise documents for such franchise, the Board may order the grantee to make specifically enumerated repairs or improvements in the system or changes in the maintenance, repair, or operation of the system. The grantee shall complete such repairs or improvements within a reasonable time and, in any event, not later than six (6) months following the date on which the order requiring repairs or improvements is mailed to the grantee. (§ 1, Ord. 961, eff. October 27,1983, as amended by § 5, Ord. 1007, eff. June 13, 1985)

The grantee’s proof-of-performance testing procedures shall be approved by the County for implementation prior to the initial proof-of-performance testing addressed in Section 11-1.817 of this article. The results of the proof-of- performance tests shall be retained for at least five (5) years and shall be available for inspection by the County. (§ 1, Ord. 961, eff. October 27, 1983)

Any antenna structure used in the cable communications system shall comply with the construction, marking, and lighting of antenna structures required by the United States Department of Transportation. All system antennas and mounts shall be designed, installed, and constructed to withstand 100 mile per hour winds. (§ 1, Ord. 961, eff. October 27, 1983)

RF leakage shall be measured adjacent to any proposed or existing aeronautical navigation or communications radio site to prove no interference to such services. (§ 1, Ord. 961, eff. October 27, 1983, as amended by § 6, Ord. 1007, eff. June 13, 1985)

All cables and wires shall be installed, where possible, parallel with electric and telephone lines, and multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering consideration. (§ 1, Ord. 961, eff. October 27, 1983)

All underground cable should be flooded and armor-clad cable and/or installed in conduit, unless specifically exempted by the Director of Public Works, on a case-by-case basis. (§ 1, Ord. 961, eff. October 27, 1983)

Residential and institutional drop cables should be a double shielded type and fitted with sealed hex crimp ring high integrity connectors. (§ 1, Ord. 961, eff. October 27, 1983)

Jacketed cable should be used in any and all areas of the plant where airborne heavy chemical particles can be expected. (§ 1, Ord. 961, eff. October 27, 1983, as amended by § 7, Ord. 1007, eff. June 13, 1985)

A grantee’s corrective maintenance program shall render efficient corrective service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruption shall be preceded by notice and shall occur during a period of minimum use of the system. A written 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 (3) years. (§ 1, Ord. 961, eff. October 27, 1983)

A grantee, at all times, shall:

(a) Install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of the Building Codes and in such manner that such equipment will not interfere with any installation of the County;

(b) Keep and maintain in a safe, suitable, and substantial condition, and in good order and repair, all its structures, lines, equipment, and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the County wherever situated or located; and

(c) All working facilities, conditions, and procedures used or occurring during the construction of the cable communications system shall comply with the standards of the Occupational Safety and Health Administration. (§ 1, Ord. 961, eff. October 27, 1983)