Yucaipa Municipal Code Art. XV Cable System Construction Requirements

If a major construction or reconstruction plan is required, including system upgrades or rebuilds but not line extensions and related activity, a franchisee shall submit such a plan within ninety (90) days before the start of construction unless such ninety (90) day time period shall be reasonably shortened by city. The plan shall include cable system design details, construction timetables, equipment specifications, and design performance criteria. The franchisee shall make all reasonable efforts to avoid negative aesthetic impacts in its plan. The plan shall also include a map of the entire franchise area and shall clearly delineate areas within the franchise area where the cable system will be available to subscribers, including a time schedule of proposed construction or reconstruction. The franchisee agrees to submit for approval as-built drawings contemporaneously with the proposed construction or reconstruction.

(Ord. 205 § 3, 2001)

The city shall have the power to review and approve such plans, timetables and specifications, or any portion thereof, to avoid interference with the city rights-of-ways, traffic congestion or other negative aesthetic impacts and to assure that such plans, timetables and specifications are consistent with applicable statutes, ordinances, codes, regulations, determinations and rulings governing construction in the city including without limitation zoning ordinances and traffic safety/standards. Where such plans and specifications are not in compliance with such statutes, ordinances, codes, regulations, determinations and rulings, the franchisee shall modify or revise such plans and specifications so as to achieve such compliance. Franchisees must comply with the requirements of applicable federal, state and local statutes, ordinances, codes and regulations governing the location of subsurface installations including notification to or from a regional notification center (such as Underground Service Alert) concerning proposed excavation work. The franchisee agrees to defend, indemnify and hold harmless the city from and against any and all damages, liabilities and claims arising from or in any manner related to construction or reconstruction of a cable system including, but not limited to, any damage caused by excavation work. If, after construction begins, the planned placement of specific equipment by franchisee may cause a negative aesthetic impact, then the franchisee will make reasonable efforts to minimize such an impact provided, however, that the city shall have the final power to determine the placement of such equipment using its reasonable discretion in the application of its aesthetic standards.

(Ord. 205 § 3, 2001)

The franchisee agrees to provide the cable administrator, prior to construction and upon completion and upon the latter’s request, with two copies of as-built drawings and one electronic copy in CAD format describing the location of all cable system equipment, cables, facilities and material that the franchisee will place or has placed in the city including antenna or microwave dish mounting details.

(Ord. 205 § 3, 2001)

The franchisee shall accomplish all proposed construction, upgrades and rebuilds in accordance with the plan of action and milestones submitted as part of the initial or renewal proposal. Compliance with this construction schedule shall be determined by demonstrations of performance in accordance with the ordinance codified in this title. The franchisee may offer an alternate construction schedule as part of the proposal if deemed necessary.

(Ord. 205 § 3, 2001)

Subject to the provisions of the ordinance codified in this title, construction or reconstruction in accordance with the plan submitted by a franchisee shall occur according to the time schedule set forth in the franchisee’s franchise agreement and shall commence as soon after the effective date of the franchise as is reasonably possible. Failure to complete such construction or reconstruction shall be grounds for termination of the franchise and/or liquidated damages for each day, or part thereof, that such construction or reconstruction remains uncompleted due to any cause or event within the franchisee’s control in addition to such other remedies as may be applicable under the provisions of the ordinance codified in this title.

(Ord. 205 § 3, 2001)

In the event that a subscriber independently provides for his or her own trenching and conduit (including any necessary boring, backfilling, replacing and/or replanting), which trenching and conduit must comply with the city’s and franchisee’s construction standards, the installation charge shall be the same as for a standard installation, if such an installation is standardized, or at reasonable rate and charges provided, however, that the subscriber agrees in writing and in a form acceptable to the franchisee and the city to hold the franchisee and the city harmless for any injury, loss or damage caused by or related to the work so undertaken by the subscriber, and that the franchisee shall not be responsible for any service problems caused as a result of the work performed by the subscriber. In such case the installation by the franchisee will consist of a standard service drop.

(Ord. 205 § 3, 2001)

Franchisee shall offer new subscribers the option of having an A/B switch installed by franchisee at the time of installation of new cable service, and shall install A/B switches at the request of any subscriber who currently receives cable service for a reasonable fee.

(Ord. 205 § 3, 2001)

The franchisee shall comply with all of the same standards, specifications and codes to construct and maintain its system in the city, as are required for the city’s streets. The franchisee shall also agree to and pay the costs of permitting and inspection to the same extent that permitting and inspection fees are required of other persons doing construction work in the city.

The franchisee shall underground all new equipment installations, which are located in any public right-of-way. The franchisee shall also underground all existing cable system equipment which is located at any public right-of-way when any other utility provider having aboveground facilities elects or is required to underground that utility’s equipment.

The franchisee shall also, at its sole cost and expense, relocate any of its equipment located in any public right-of-way when such relocation is necessary to accommodate any public works improvement project of the city or its constituent agencies. If such cable system equipment is located above ground, it shall be relocated underground.

(Ord. 205 § 3, 2001)

Any poles, wires, cable lines, conduits, service boxes or other properties of a franchisee to be constructed or installed in the city shall be so constructed or installed under an encroachment permit and only at such locations and in such manner as are consistent with the ordinance codified in this title, the franchisee’s franchise agreement, other ordinances, and written rulings and determinations of the city. The construction and installation of such poles, wires, cable lines and other properties of the franchisee upon aerial facilities owned or controlled by utilities providing electric or telephone service shall be consistent with the requirements of the city or, in the absence of such requirements, with the requirements of such utilities.

(Ord. 205 § 3, 2001)

Temporary buildings (storage sheds, shops, office, etc.) may be erected by the franchisee only with the prior approval of the cable administrator and shall be built with labor and materials furnished by the franchisee without expense to the city. Such temporary buildings and utilities shall remain the property of the franchisee and shall be removed by and at the expense of the franchisee upon the completion of work.

(Ord. 205 § 3, 2001)

The obligations of each franchisee under this section shall be conditioned upon a reciprocal undertaking by each such entity allowing the franchisee to place its facilities in comparable trenches or transmission facilities constructed by or on behalf of such entity while they are open provided that such entity determines in the exercise of its reasonable good faith discretion that no undue interference with its use or occupancy of the trench or transmission facility will result. The provisions of this section shall apply to major construction and rebuild activity undertaken by the franchisee but shall not apply to maintenance and related activities undertaken by the franchisee with respect to its cable system.

(Ord. 205 § 3, 2001)

If at any time it is determined by the city or any other agency or authority of competent jurisdiction, or it is discovered by a franchisee, that any part of the system facilities fails to comply with any technical, construction or maintenance requirement set forth in the ordinance codified in this title or the franchisee’s franchise agreement, including without limitation missing or cracked vault or pedestal covers, temporary drop cables which cross over walkways, driveways or other areas, improper grounding, and low cables, riser problems, or other violations of other laws, codes or ordinances, which are harmful to the health or safety of any person, then a franchisee shall be responsible for correcting and shall correct all such conditions at its own cost and expense immediately or in any event within twenty-four (24) hours of discovery or receipt of notice from the city or any other agency or authority of competent jurisdiction. Until such conditions are corrected, franchisee shall post or provide suitable warnings to ensure that the health and safety of those persons reasonably affected by such conditions is ensured, provided that franchisee has received notice from the city or others identifying such conditions or franchisee is otherwise aware of the health and safety standards of such conditions. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, “liquidated damages.”

(Ord. 205 § 3, 2001)

A franchisee shall construct, operate and maintain the system in conformance with signal leakage requirements of the FCC’s rules to prevent interference with the transmission or reception of over-the-air broadcast signals by television receivers, cable services and other communication services. A franchisee shall not interfere with the ability of any subscriber to utilize his or her television receiver, computer, or other communication device for any lawful purpose. In the absence of federal or state rules to the contrary, the connection of any cable input selector device, converter or other device to a subscriber’s terminal shall not be considered as interference with the subscriber’s ability to utilize his or her television receiver, computer, or other communication device. However, the impairment of certain television receiver or VCR functions caused by such device (such as picture in-picture and the ability to view one premium channel while recording another) shall be deemed to constitute such interference, if violative of 47 C.F.R. Section 76.630 (compatibility with consumer electronics equipment). Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled “liquidated damages.”

(Ord. 205 § 3, 2001)

A franchisee shall, at its own cost and expense, take all reasonable steps to prevent accidents at its work sites, including the placing and maintenance of necessary guards, fences, barricades and security personnel and, at night, suitable and sufficient lighting, except as otherwise explicitly directed by the city.

(Ord. 205 § 3, 2001)

Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled "liquidated damages."

The design, architecture and method of construction of the cable system shall not violate applicable statutes, ordinances, codes and regulations governing construction within the city. The city, or other city-designated person, shall, before the start of construction, approve such design and method of construction where it is consistent with such statutes, ordinances, codes, regulations and aesthetic standards. Should unforeseen questions of compliance with applicable statutes, ordinances, codes, regulations and standards arise after the city’s initial approval of the design and construction including, but not limited to, construction practices or installations of equipment which might create negative aesthetic impacts, the city and franchisee shall make reasonable good faith efforts to resolve such questions in a fair and equitable manner to all parties provided, however, that the city’s ultimate determination involving the franchisee’s compliance with applicable statutes, ordinances, codes, regulations and standards shall be determinative.

(Ord. 205 § 3, 2001)

In connection with the construction, reconstruction, operation, maintenance, repair, or removal of the system, a franchisee shall protect the aesthetics of the franchise areas and shall not obstruct, except in emergencies, the city rights-of-way, streets, railways, passenger travel, or other traffic to, from or within the city without prior consent of the city.

(Ord. 205 § 3, 2001)

A franchisee or its authorized contractors must obtain permits from the city prior to any physical work being performed on the city’s streets, or on city-owned property, involving the disturbance of city rights-of-way (including but not limited to excavation, cutting or boring). No permits will be required prior to the performance of emergency repair work provided, however, that a franchisee shall submit a permit request for such repair work to the city for record purposes within forty-eight (48) hours after a franchisee has performed such emergency work. Permits will be issued to a franchisee or its contractors only on plans approved by the city, which plans must be submitted for review before the request for the construction permit in accordance with the ordinance codified in this title. The city shall have no right to approve contractors utilized by the franchisee provided the contractors are properly licensed for the type Of work to be undertaken in the city possess appropriate business licenses, possess the appropriate experience, and possess workers’ compensation, liability insurance and any other necessary certificates or licenses required by applicable law. All work will be done in accordance with the city’s specifications and must comply with all applicable statutes, ordinances, codes and regulations governing construction in the city.

(Ord. 205 § 3, 2001)

A franchisee shall cause detailed maps of the portions of the cable system to be constructed or reconstructed, including existing underground facilities on the street and materials showing construction, amplifier, and power supply locations, to be filed with the city prior to the issuance of a permit for construction or reconstruction. Prior to requesting the issuance of a permit for the installation of any facility or apparatus in accordance with the provisions of this section, a franchisee shall file such maps with all utility companies and public agencies where required by law or contract.

(Ord. 205 § 3, 2001)

The franchisee shall place underground all pedestals containing passive devices constructed after January 1, 1998, and shall replace any pedestal installed before January 1, 1998, with a flushmounted underground vault whenever such pedestal requires repair (such repair to be required, for example, when a pedestal itself is cracked or destroyed, but not when a pedestal lid is cracked and can be replaced), unless such obligation is waived in writing for specific locations by the city. The distribution facilities of a franchisee shall be installed underground where the distribution facilities of the utilities providing electric or telephone service are also located underground. Such underground construction shall be in accordance with such standards therefor as are from time to time established by the city (with respect to depth and location). Upon the undergrounding of electric or telephone utility lines, a franchisee shall concurrently (or earlier) place its above grade facilities underground at depths and locations approved by the city. All underground wires or cable of a franchisee installed after the date of adoption of the ordinance codified in this title shall be placed in conduits. Active electronic and optical components, including without limitation amplifiers, bridgers, line extenders, power supplies, lasers and opto-electronic devices, may be located above grade when cable plant is located underground provided that the above-grade placement of such components complies with all applicable ordinances and any future amendments. Franchisee may utilize existing active aerial facilities of electric and/or telephone companies where permitted by law or contract.

(Ord. 205 § 3, 2001)

In connection with the construction, operation, maintenance, repair, or removal of the system, a franchisee shall, at its own cost and expense, protect any and all existing structures belonging to the city or other public agency. A franchisee shall obtain the prior approval of the city before altering any water main; sewage or drainage system or any other structure in the city. Any such alteration shall be made by a franchisee at its sole cost and expense and in a manner reasonably prescribed by the city or other public agency whose facilities are affected. A franchisee shall also be liable at its own cost and expense to replace or repair and restore to its prior condition or better, as is reasonably possible consistent with applicable ordinances, codes and regulations of the city or other public agency, any city right-of-way, street or any municipal or public structure directly or indirectly involved in the construction of the system that may become disturbed or damaged as a result of any work thereon by or on behalf of the franchisee pursuant to a franchise agreement.

(Ord. 205 § 3, 2001)

Franchisee shall, at the request of any person holding a moving permit issued by the city, 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 the same, franchisee shall be paid by the person requesting the same, and franchisee shall have the authority to require such payment in advance. Franchisee shall be given not less than fourteen (14) days’ notice to arrange for such temporary wire changes.

(Ord. 205 § 3, 2001)

In the event that a franchisee during construction, installation, inspection or repair of its facilities causes damage to pavement, sidewalks, driveways, landscaping or other property, the franchisee or the authorized agent shall at its own expense and in a manner approved by the city consistent with applicable ordinances, codes and regulations replace or repair and restore such places to their prior condition, or better, as is reasonably possible consistent with such ordinances, codes and regulations. The franchisee shall further warranty all such repair or restoration for a period of one year following such repair or restoration, unless the partial or complete failure of such repair or restoration is caused by circumstances not within normal operating conditions. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled “liquidated damages.”

(Ord. 205 § 3, 2001)

Upon failure of the franchisee to complete any work required by the provisions of the ordinance codified in this title or the franchisee’s franchise agreement, including, without limitation, applicable ordinances, codes and regulations of the city, to be done in any street or other city location to the satisfaction of the city within ten (10) days following receipt of written notice from the city specifying such failure, or within such longer period of time as is reasonably determined by the city, the city may, at its option, cause such work to be done and a franchisee shall pay to the city the cost thereof in the itemized amounts reported by the cable administrator to the franchisee within ten (10) days after receipt of such itemized report. At city’s option, city may demand of franchisee the estimated cost of such work, and such shall be paid by franchisee to city within ten (10) days of such demand; upon award of any contract or contracts for such work, franchisee shall pay to city within ten (10) days of demand any additional amount necessary to provide for the cost of such work. Upon completion of such work, franchisee shall pay to city or city shall refund to franchisee such sums so that the total received and retained by city shall equal the cost of such work. “Cost” as used herein shall include a reasonable charge for city’s overhead. Where the franchisee fails to pay in accordance with the demand of the city, then the city may proceed against the franchisee’s “letter of credit” or other surety.

(Ord. 205 § 3, 2001)

City may remove franchisee’s facilities including cable service wiring as may be required during emergencies. The city reserves the right to remove any portion of a franchisee’s equipment and facilities as may be required in any emergency as determined by the city without liability for interruption of cable service, and the city shall not be obligated to restore cable service or to pay the costs or expenses of restoring service provided that the city does not act arbitrarily in connection with the removal of such portion of the franchisee’s equipment and facilities in view of the circumstances of the emergency. The definition of an emergency or the determination that an emergency exits is within the sole discretion of the city and is not subject to review or appeal.

(Ord. 205 § 3, 2001)

Cost of tree trimming is to be at expense of franchisee, and the city has the option to decide whether city or franchisee does the trimming. Before the installation of franchisee’s wires and cables and at any time thereafter, a franchisee shall notify the city regarding the need to trim trees and roots upon, and trees and tree branches overhanging, streets of the city so as to prevent the trees, branches and roots of such trees from coming in contact with the wires and cables of the franchisee. At the option of the city, such trimming may be done by the city at the expense of the franchisee, or by the franchisee under the city’s supervision and direction at the expense of the franchisee. When trees, tree branches or roots are located near the wires and cable of both franchisee and other utilities, then the costs of trimming such trees, tree branches or roots are to be allocated pro rata among the franchisee and such other utilities. When authorized, such trimming shall be limited to the area required for clear wiring passage and shall not include major structural branches which materially alter the appearance and natural growth habits of the tree. If such trimming is not performed by the city, the franchisee shall be responsible for any and all damages to any tree as a result of trimming or to the land surrounding any tree whether such tree is trimmed or removed, or for damage to property or person caused by such trimming and removal of any tree to the extent caused by the acts or omissions of the franchisee, its employees or contractors.

(Ord. 205 § 3, 2001)

If the city increases the city service area by adding to or incorporating additional land areas, the franchisee will extend cable service to the new locations within one hundred eighty (180) days of a written request from the cable administrator or a subscriber in the added territories, at no cost to the city or the subscriber.

(Ord. 205 § 3, 2001)

The franchisee shall at all times keep its work area, including storage areas used, free from accumulation of waste material or rubbish and all tools, scaffolding, equipment, and materials not the property of the city. Upon completion of any construction, the franchisee shall leave the work and premises in a clean, neat and workmanlike condition satisfactory to the cable administrator. Nothing in the ordinance codified in this title or the franchise agreement shall hinder the right of the city or any governmental authority to perform or carry on, directly or indirectly, any public works or public improvements of any description. Should the cable system in any instance interfere with the construction, maintenance, or repair of such public works or public improvements, the franchisee shall, upon reasonable notice and at its own cost and expense, protect or relocate its cable system, or part thereof, as reasonably directed by the city. Unless an emergency situation exists, for the purpose of this section and in order to allow the franchisee to budget for any required relocation, in the event that public works or public improvement projects are pre-planned in the city’s prior year budget process, “reasonable notice” will be construed as written notification of no later than October 31 of the prior year, or within forty-five (45) days of the conclusion of the city’s budget process, whichever allows the city more time. The franchisee shall in all cases have the right of abandonment of its property. If public funds are available to any company using such street, easement, or right-of-way for the purpose of defraying the cost of any of the foregoing, such funds shall also be made available to the franchisee.

(Ord. 205 § 3, 2001)