§ 43-7. General conditions upon construction, operation and repair.

(a)

Franchisee Must Follow Local Rules. The construction, operation and repair of cable communications systems shall be performed in compliance with all laws, ordinances, departmental rules, regulations and practices affecting such system. By way of example, and not limitation, this includes zoning and safety codes, construction standards, regulations for providing notice to persons that may be affected by system construction, and directives governing the time, place and manner in which facilities may be installed in the rights-of-way. Persons engaged in the construction, operation or repair of communications facilities shall exercise reasonable care in the performance of all their activities and shall 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)

No Permit Without Franchise. A franchise is required before a permit may be issued for work associated with the construction of a cable communications system. Any permit issued for such work to a person that does not hold a franchise shall vest no rights in the permittee; the permit may be revoked at will, and the permittee shall remove all facilities installed under the permit upon the county's demand.

(c)

Permits Must be Obtained. Construction, operation or repair of a cable communications system shall not commence until all required permits have been obtained from the proper county officials and all required fees have been paid. All work performed will be performed in strict accordance with the conditions of the permit. Upon order of the county, any work and/or construction undertaken that is not completed in compliance with the county's requirements, or which is installed without obtaining necessary permits and approvals shall be removed.

(d)

No Interference. Interference with the use of the public rights-of-way by others, including others that may be installing cable communications systems, must be minimized. The county may require a person using the rights-of-way to cooperate with others through joint trenching and other arrangements to minimize adverse impacts on the rights-of-way.

(e)

Existing Poles to be Used. To the extent possible, operators of cable communications systems shall use existing poles and conduit. Additional poles may not be installed in the right-of-way, nor may pole capacity be increased by vertical or horizontal extenders, without the permission of the county administrator.

(f)

Undergrounding.

(1)

Whenever existing telephone or electric utilities are located underground in an area in the county, every cable communications system operator that wishes to place its facilities in the same area must locate its cable communications system underground.

(2)

Whenever the owner of a pole locates or relocates underground within an area of the county, every cable communications system operator in the same area shall concurrently relocate its facilities underground.

(3)

The county administrator may, for good cause shown, exempt a particular system or facility or group of facilities from the obligation to locate or relocate facilities underground, where relocation is impractical, or where the interest in protecting against visual blight can be protected in another manner. Nothing in this section prevents the county from ordering communications facilities to be located or relocated underground under other provisions of the County Code.

(g)

Prompt Repairs. Any and all public rights-of-way, other public property, or private property that is disturbed or damaged during the construction, operation or repair of cable communications system shall be promptly repaired by the operator, within timeframes required by the county public works director or his representative. Public property and public rights-of-way must be restored, to the satisfaction of the county, to a condition as good or better than before the disturbance or damage occurred.

(h)

Movement of Facilities for Government.

(1)

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

(2)

The county shall provide written notice describing where the public work is to be performed at least thirty days prior to the deadline by which a cable communications system operator must protect, support, temporarily disconnect, relocate or remove its facilities. Provided that, in an emergency, or where a cable communications system creates or is contributing to an imminent danger to health, safety or property, the county may protect, support, temporarily disconnect, remove or relocate any or all parts of the cable communications system without prior notice, and charge the cable communications system operator for costs incurred.

(i)

Movement for Others.

(1)

To accommodate the construction, operation or repair of the facilities of another person authorized to use the streets or public property, a franchisee shall, by a time specified by such person or by the county, protect, support, temporarily disconnect, relocate or remove its facilities. The franchisee must be given written notice describing where the construction, operation or repair is to be performed at least thirty days prior to the time by which its work must be completed. The county may, as it deems appropriate, resolve disputes as to responsibility for costs associated with removal, relaying or relocation of facilities among entities authorized to install facilities in the streets or on public property if such entities are unable to do so themselves. Such resolution by the county shall have the force and effect of binding arbitration upon the entities. Alternatively, the county may designate a neutral arbiter, whose decision shall be final.

(2)

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

(j)

Abandonment in Place.

(1)

A cable communications system operator may abandon any property in place in the public rights-of-way upon written notice to the County. However, if, within ninety days of the receipt of written notice of abandonment, the county determines, 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, the property must be removed by a date specified by the county.

(2)

A cable communications system operator that abandons its property must, upon request, transfer ownership of the properties to the county at no cost, and execute necessary quitclaim deeds and indemnify the county against future costs associated with mitigating or eliminating any environmental hazard associated with the abandoned property.

(k)

Systems Subject to Inspection. Every cable communications facility shall be subject to inspection and testing by the county. Each operator must respond to requests for information regarding its system and plans for the system as the county 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. Each operator shall cooperate and assist fully in facilitating the inspection of equipment permitted by this section, including, without limitation, any disassembly required to allow inspection of interior portions of the facility.

(l)

Underground Services Alert. Each operator of a cable communications 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 communications facilities upon request. The operator shall locate its facilities for the county at no charge.

(m)

Plan for Construction. Each cable communications system operator shall provide the County 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 county that will be affected.

(n)

Use of Facilities by County. The county shall have the right to install and maintain, free of charge, upon any poles or in any conduit owned by a franchisee any wire and pole fixtures that do not unreasonably interfere with the cable service operations of the franchisee.

(o)

Provision for Future Expansion. Each cable communications system operator shall provide in plans for construction and refurbishment of facilities sufficient empty conduit, fiber and cabling to meet the projected needs of the communications system operator and any anticipated co-user of the facilities constructed, in order to prevent unnecessary disturbance to public facilities and the community at a future date.

(Ord. No. 4371, § 2)