§ 114.10. Design and construction provisions.

(a)

System design. The cable communications system shall be constructed in accordance with the design requirements contained in the license agreement which shall reflect the design described in the licensee's formal application filed with the city.

(b)

Geographical coverage. The licensee shall design and construct the distribution plant in such manner that when completed it will be capable of passing all single-family dwelling units, multiple-family units, schools and public agencies within the license territory subject to the line extension policy provided herein.

(c)

Line extension requirements. Unless otherwise provided in the license agreement, one year after the commencement of construction in the service area, licensee shall be required to extend its distribution facilities and provide service to all subscribers that are not currently being served by a licensee or multichannel video provider who request service in any area within the license territory where there currently exists 50 installations for each strand mile or cable extension contiguous to existing plant, or 50 installations for each trench mile or cable extension contiguous to existing plant, provided that a licensee shall not be required to provide service to subscribers within a planned unit development, home owners association, property association, condominium association or other multi-dwelling property that is under an agreement with another licensee or multichannel video provider.

(d)

Construction schedules and reports.

(1)

Compliance. The licensee shall comply with the requirements of the construction schedules contained in the license agreement.

(2)

Progress reports required. Upon request of the city, licensee shall furnish the city a full construction progress report advising the date on which construction began or will begin in the initial construction area, miles of construction completed, the date on which testing is expected to begin and the projected dates when service will commence. Any delays or changes in construction plans and schedules must be reported together with the reasons therefor. This report shall be updated upon request of the city until service is furnished throughout the license territory as provided herein and in the license agreement.

(3)

Maps required. As each construction is completed licensee shall provide the city engineer with a full and complete set of plans, records and maps, showing the exact location of all cable communications system headend, hubs and distribution plant installed or in use in the license territory, exclusive of subscriber service drops. The licensee shall coordinate with the city the media by which they are provided. In the event extraordinary costs are involved in production of drawings consistent with the city's data management systems licensee and city shall in good faith negotiate an equitable arrangement to cover those costs.

(e)

Permit required.

(1)

Use of public rights-of-way. The licensee shall make application to the city for construction permits for all work to be performed in city's public rights-of-way or easements in the form and manner prescribed by the city. No construction shall be commenced prior to the grant of the construction permit therefor.

(2)

Other permits and licenses. The granting of a license under this chapter does not take the place of any other franchise, license or permit which might be normally required by law.

(f)

Underground policy.

(1)

New housing development and subdivisions. In cases of new construction or property development where utilities are to be placed underground, upon request by the licensee, the developer or property owner shall give licensee reasonable notice of the particular date on which open trenching will be available for licensee's installation of conduit, pedestals and/or vaults, and laterals to be provided at licensee's expense.

(g)

Construction standards and costs.

(1)

Good engineering practices. All plant and equipment, including but not limited to the antenna sites, towers, headend and distribution systems, subscriber terminals, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to interfere with or unnecessarily hinder or obstruct pedestrian or vehicular traffic or endanger the public safety.

(2)

Public safety requirements. The licensee shall at all times employ due care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which might cause damage, injury or nuisance to the public.

(3)

Compliance with construction and other codes.

a.

City codes and permits. Licensee shall comply with all applicable city construction codes and permit procedures. It shall be licensee's responsibility to be cognizant of any such applicable codes.

b.

Safety codes. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, and any amendments thereto, the Trench Safety Act, the Underground Facility Damage Prevention and Safety Act, as well as all state and local codes where applicable.

c.

Electric codes. All installations of electronic and electrical equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical Safety Code promulgated by the National Bureau of Standards.

d.

Antenna and towers. Antenna supporting structures (towers) shall be designed for the proper loading as specified in Electronics Industry Association's R.S. 222-A specifications.

e.

Compliance with aviation requirements. Antenna supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable, federal, state or local codes and regulations.

(h)

Restoration of public ways. Licensee shall, at its own expense, and in a manner approved by the city, promptly restore or repair to city's standards any damage or disturbance caused to the public way as a result of licensee's operations or construction on its behalf.

(i)

Tree trimming. Licensee shall have the right to trim trees on or encroaching upon public property at its own expense as may be necessary to protect its wires and facilities.

(j)

City's right to designate placement of facilities. The city reserves the right to reasonably designate where a licensee's facilities are to be placed within the streets and rights-of-way.

(k)

Subordinance of privileges. All privileges granted by a licensee shall be subordinate to any prior lawful occupancy of the streets and rights-of-ways.

(Ord. No. 00-24, § 10, 4-10-00; Ord. No. 05-76, § 2, 5-9-05)