§ 21-22. General conditions upon use of rights-of-way  


Latest version.
  • (1)

    Responsibility for costs. Except as expressly provided otherwise, any act that a cable or open video systems operator, its contractors or subcontractors are required to perform under this section 21-22 shall be performed at their cost. If a cable or open video systems operator fails to perform work that it is required to perform within the time provided for performance, the city may perform the work, and bill the cable or open video systems operator therefor. The cable or open video systems operator shall pay the amounts billed within thirty (30) calendar days.

    (2)

    Construction procedures and placement of facilities; obligation to minimize interference with use of rights-of-way.

    (A)

    The construction, operation and repair of cable or open video systems are subject to the supervision of all of the authorities of the city that have jurisdiction in such matters, and shall be performed in compliance with all laws, ordinances, departmental rules and regulations and practices affecting such system. By way of example, and not limitation, this includes zoning codes and safety codes. In addition, the construction, operation and repair shall be performed in a manner consistent with high industry standards. Persons engaged in the construction, operation or repair of cable or open video systems shall exercise reasonable care in the performance of all their activities, and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property.

    (B)

    Construction, operation or repair of a cable or open video system shall not commence until written permits, if required, have been properly filed for and obtained from the proper city officials and all required permit and associated fees paid. In any permit so issued, the city may impose as a condition of the granting of the permit such conditions and regulations as may be necessary to the management of the right-of-way, including, by way of example and not limitation, for the purpose of protecting any structures in the public rights-of-way, for the proper restoration of such public rights-of-way and structures, and for the protection of the city and the public and the continuity of pedestrian and vehicular traffic.

    (C)

    Without limiting the foregoing, cable or open video systems shall be constructed, operated and repaired in accordance with good engineering practices. No work on the facilities shall be performed except by experienced and properly trained personnel. The operator of a cable or open video system is responsible for all the acts of its contractors and subcontractors, and for ensuring that its contractors and subcontractors perform all work in compliance with this chapter, and any applicable franchise agreement.

    (D)

    Operators of cable or open video systems must follow city-established requirements for placement of facilities in rights-of-way, and must in any event install facilities in a manner that minimizes interference with the use of the rights-of-way by others, including others that may be installing communications facilities. The city may require that facilities be installed at a particular time, place, or manner as a condition of access to a particular right-of-way, and may require a person using the right-of-way to cooperate with others to minimize adverse impacts on the right-of-way through joint trenching and other arrangements.

    (E)

    To the extent possible, operators of cable or open video systems shall use existing poles and existing conduit in installing their system. In no case may additional poles be installed in the right-of-way without the permission of the city; any person who is permitted to install poles must lease capacity on those poles to others, at a rate not higher than the rate that would be permitted if 47 U.S.C. § 224 applied.

    (F)

    Except as city may direct otherwise, cable or open video systems may be constructed overhead where poles exist and electric or lines of a local exchange carrier franchised before 1990 are overhead, but where both electric or such telephone lines are underground, or are being initially placed underground (whether voluntarily or at the city's direction), other cable or open video systems shall be constructed underground. Whenever and wherever the owner of the poles upon which aerial facilities are located moves its plant from overhead to underground placement in an area, all cable or open video systems in that area shall be similarly moved underground.

    (G)

    Any and all public rights-of-way, public property, or private property that is disturbed or damaged during the construction, operation or repair of a cable or open video system shall be promptly repaired by the cable or open video system's operator.

    (H)

    Tree trimming shall be performed in strict accordance with the City Code.

    (3)

    Relocation of facilities.

    (A)

    A cable or open video system operator shall, by a time specified by the city, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the city or any other governmental entity by reason of traffic conditions; public safety; public right-of-way construction; public right-of-way repair (including resurfacing or widening); change of public right-of-way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of government-owned communications or cable or open video system, public work or improvement or any government-owned utility; public right-of-way vacation; or for any other purpose where the work involved would be aided by the removal or relocation of the cable or open video system collectively, such matters are referred to below as the "public work."

    1.

    Except in the case of emergencies, the city shall provide written notice describing where the public work is to be performed at least thirty (30) calendar days prior to the deadline by which a cable or open video system operator must protect, support, temporarily disconnect, relocate or remove its facilities. A cable or open video system operator may seek an extension of the time to perform such tasks where they cannot be performed in thirty (30) calendar days and such request for an extension shall not be unreasonably refused.

    2.

    In the event of an emergency, or where a cable or open video system creates or is contributing to an imminent danger to health, safety, or property, the city may protect, support, temporarily disconnect, remove, or relocate any or all parts of the cable or open video system without prior notice, and charge the cable or open video system operator for costs incurred. In case of such emergency, where in the judgment of the city, conditions permit, the city shall reasonably attempt to notify the cable or open video system operator.

    (B)

    If any person that is authorized to place facilities in the right-of-way requests another cable or open video system operator receiving the request to protect, support, temporarily disconnect, remove, or relocate its facilities to accommodate the construction, operation, or repair of the facilities of such other person, the cable or open video system operator shall, after thirty (30) calendar days' advance written notice, take action to effect the necessary changes requested. Unless the matter is governed by a valid contract or a state or federal law or regulation, or in other cases where the cable or open video system that is being requested to move was not properly installed, the reasonable cost of the same shall be borne by the party requesting the protection, support, temporary disconnection, removal, or relocation and at no charge to the city.

    (C)

    A cable or open video system operator shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. A cable or open video system operator shall be given not less than seven (7) calendar days advance notice to arrange for such temporary wire changes.

    (D)

    A cable or open video system operator may abandon any property in place upon notice to the city, unless the city determines, in the exercise of its reasonable discretion within ninety (90) calendar days of the notice of abandonment from the operator, that the safety, appearance, functioning or use of the public right-of-way and facilities in the public right-of-way will be adversely affected thereby, in which case the operator must remove its property within a reasonable period of time specified by the city.

    (E)

    If a state statute requires the city to compensate a person for the cost of relocation or removal, nothing in this chapter shall be read to abrogate any right such person may have to that compensation.

    (4)

    Facility subject to inspection; operator must provide information. Every cable or open video system shall be subject to the right of periodic inspection and testing by the city to determine compliance with the provisions of this chapter, a franchise or license agreement, or other applicable law. The city shall have the right, upon written request, to be notified and present when the cable or open video system is tested by the operator for its semi-annual FCC testing. Each operator must respond to requests for information regarding its system and plans for the system as the city may from time to time issue, including requests for information regarding its plans for construction, operation and repair and the purposes for which the plant is being constructed, operated or repaired.

    (5)

    Underground services alert. Each operator of a cable or open video system that places facilities underground shall be a member of the regional notification center for subsurface installations (underground services alert) and shall field mark the locations of its underground cable or open video system upon request. The operator shall locate its facilities for the city at no charge.

    (6)

    Publicizing work.

    (A)

    A cable or open video system operator shall publicize the initial build or any substantial rebuild, upgrade, or extension of its facility that involves work in public rights-of-way in each affected neighborhood at least one (1) week prior to commencement of that work by causing written notice of such construction work to be delivered to the city and by notifying those persons whose property is within three hundred (300) feet of the work in at least two (2) of the following ways: by telephone, in person, by mail, by distribution of flyers to residences, by publication in local newspapers, or in any other manner reasonably calculated to provide adequate notice. Apart from any initial build or substantial rebuild or upgrade, any underground construction will be publicized in accordance with applicable notice requirements.

    (B)

    In other cases, before entering onto any private property to perform work, a cable or open video system operator shall use its best efforts to contact the property owner or (in the case of residential property) the resident at least one (1) day in advance, and describe the work to be performed.

    (C)

    Each cable or open video system owner shall provide the city a plan for any initial system construction, or for any substantial rebuild, upgrade or extension of its facility, which shall show its timetable for construction of each phase of the project, and the areas of the city that will be affected.

(Ord. No. 2000-134, § 1, 1-2-01)