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Chapter 23. Marshfield Cable Television Franchise Ordinance

Sec. 23-05. Police Powers, Design/Construction Standards & Rights of Ways

(1) Subject to Police Powers.  Video Service Providers and Cable Operators are subject to the police power of the City to adopt and enforce general ordinances necessary to the safety, health and welfare of the public.  The grant of a statewide video or cable franchise does not render or to any extent lose, waive, impair or lessen the lawful powers and rights, now or hereafter vested in the City under the Constitution and statutes of the State of Wisconsin to regulate the use of streets and public ways or to regulate any matter affecting the safety, health, and welfare of the public. The City shall make the Video Service Provider's and Cable Operator's history of compliance with such codes and ordinances available to the Department of Financial Institutions so that the Department may determine the provider's or operator's legal, financial, and technical qualifications to provide video services.

(2) Design, Permits, Construction, and Excavation. Video Service Providers and Cable Operators shall comply with all applicable City codes and ordinances including any zoning ordinance regarding height and use restrictions and shall pay such permit fees, encroachment fees and/or degradation fees for the use of any municipal right of way in the future by the City, and shall be subject to any forfeitures so specified for any violations thereof.  The City shall make the history of compliance with such codes and ordinances available to the Department of Financial Institutions so that the Department may determine the Video Service Provider's or Cable Operator's legal, financial, and technical qualifications to provide video services.

(3) Use of Cable Facilities. The City shall have the right to install and maintain upon the poles of the Video Service Provider or the Cable Operator at a charge equal to the Video Service Provider's or Cable Operator's costs any wire or pole fixtures that do not unreasonably interfere with the cable television system operations, including future plans, of the Video Service Provider or the Cable Operator.  The City shall indemnify and hold harmless the Video Service Provider or Cable Operator from any claim that might arise due to or as a result of the City's use.

(4) Construction and Technical Standards.

(a) Compliance with Construction and Technical Standards.  The Video Service Provider or Cable Operator shall construct, install, operate, and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, and FCC technical standards.

(b) Additional Specifications.  Additional specifications shall be as follows:

1. Construction, installation, and maintenance of the cable television system shall be performed in an orderly and workmanlike manner.  All construction must also conform to all City of Marshfield policies and permit requirements.  The Video Service Provider or Cable Operator must provide erosion control, backfilling and compaction, and restoration to meet City of Marshfield specifications.  All cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel, and bundled with due respect for engineering considerations.

2. The Video Service Provider or Cable Operator shall at all times comply with the applicable:

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

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

c. Applicable FCC or other federal, state, and local regulations.

3. The cable television system shall not endanger or interfere with the safety of persons or property in the franchise area or other areas where the Video Service Provider or Cable Operator may have equipment located. 

4. Any antenna structure used in the cable television system shall comply with construction, marking, and lighting of antenna structures, required by the United States Department of Transportation.

5. All working facilities and conditions used during construction, installation and maintenance of the cable television system shall comply with the standards of the Occupational Safety and Health Administration.

6. In all areas of the City where all cables, wires, and other like facilities of public utilities are placed underground, the Video Service Provider or Cable Operator shall place its cables, wires, and other like facilities underground.  When all public utilities relocate their facilities from pole to underground, the Video Service Provider or Cable Operator must concurrently do so.

(5) Use of Streets.

1. Interference with Persons and Improvements.  The Video Service Provider's or Cable Operator's system, poles, wires, and appurtenances shall be located, erected, and maintained so that none of its facilities shall endanger or interfere with the lives of persons or interfere with the rights or reasonable health, safety, or welfare of property owners who adjoin any of the streets and public ways, or interfere with any improvements the City may make, or hinder or obstruct the free use of the streets, alleys, bridges, easements, or public property.  The Video Service Provider or Cable Operator shall secure a permit from the City Engineer for any improvements constructed in the public right-of-way in accordance with ss. 13-33 and 14-03 of this Code.

2. Restoration to Prior Condition.  In case of any disturbance of pavement, sidewalk, landscaping, driveway or other surfacing, the Video Service Provider or Cable Operator shall, at its own cost and expense and in a manner approved by the City Engineer, replace and restore all paving, sidewalk, driveway, landscaping, and streets or alleys, including any subbase which was disturbed, in as good condition as before the work was commenced and in accordance with standards for such work set by the City Engineer.  After 30 days, if restoration measures are not performed to the reasonable satisfaction of the City Engineer, the City may undertake remedial restoration activities, such activities to be performed at the Video Service Provider's or Cable Operator's cost.

3. Erection, Removal and Common Uses of Poles. Erection, removal and common uses of poles shall be in accordance with the following:

a. No poles or other wire-holding structures shall be erected by the Video Service Provider or Cable Operator without prior written approval of the City with regard to location, height, types, and any other pertinent aspect.  However, no location of any pole or wire-holding structure of the Video Service Provider or Cable Operator shall be a vested interest and such poles or structures shall be removed or modified by the Video Service Provider or Cable Operator at its own expense whenever the City determines that the public health, safety, or welfare would be enhanced thereby.

b. Each Video Service Provider or Cable Operator shall use existing poles whenever possible and shall not construct or install any new, different or additional poles in the streets until the Video Service Provider or Cable Operator obtains the City's written approval.

c. Where the City desires to make use of the poles or other wire-holding structures of the Video Service Provider or Cable Operator and the use will not unduly interfere with the Video Service Provider's or Cable Operator's operations, the City may require the Video Service Provider or Cable Operator to permit such use for reasonable consideration and terms.

4. Relocation of Facilities.  If at anytime during the period of the franchise the City shall lawfully elect to alter, or change the grade of any street, alley or other public ways or alter or change the location or width of any street and/or any municipal underground facilities, the Video Service Provider or Cable Operator, upon reasonable notice by the City, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.

5. Cooperation with Building Movers.  The Video Service Provider or Cable Operator shall, at the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings.  Expenses of such temporary removal, raising or lowering of wires shall be paid by the person making the request, and the Video Service Provider or Cable Operator shall have the authority to require such payment in advance.  The Video Service Provider or Cable Operator shall be given at least ten days advance notice to arrange for such temporary wire changes.

6. Tree Trimming.  The Video Service Provider or Cable Operator shall not remove any tree or trim any portion of any tree within any public street, as defined below, without the prior consent of the City, except in an emergency situation.  The Video Service Provider or Cable Operator shall provide notice to any affected residents at the same time that the Video Service Provider or Cable Operator applies to the City for consent to perform tree trimming.  The City shall have the right to do the trimming requested by the Video Service Provider or Cable Operator at the cost of the Video Service Provider or Cable Operator.  Regardless of who performs the work requested by the Video Service Provider or Cable Operator, the Video Service Provider or Cable Operator shall be responsible, shall defend and hold the City harmless from any and all damages to any tree as a result of the Video Service Provider's or Cable Operator's trimming, or to the property surrounding any tree, whether such tree is trimmed or removed.

a. Definition of "Street" for Purposes of Section 23-05:  Street means the surface of and all rights-of-way and the space above and below any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the City for the purpose of public travel and shall include other easements or rights-of-way as shall be now held or hereafter held by the City which shall, within their proper use and meaning entitle the Video Service Provider or Cable Operator to the use thereof for the purposes of installing, repairing, or maintaining poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to a cable television system. 

7. Road Cuts.  The Video Service Provider or Cable Operator shall not use road cuts, trenchless or subsurface methods for laying of cables or wires without the prior written approval of the City.  Said written approval shall be in the form of a permit issued by the City Engineer as referenced in Subsection 23.05(5)1. 

8. One-Call System. The Video Service Provider or Cable Operator or its designee shall contact the one-call system, in accordance with §182.0175 Wis. Stats. before commencing any construction.  The Video Service Provider or Cable Operator acknowledges that private sanitary sewer, water and stormwater laterals are not part of the one-call system and will take necessary measures to have these located by the owner.  The Video Service Provider or Cable Operator shall be responsible for all damaged laterals and shall repair the laterals at its own expense.

 

(Ord. No. 928, 1(23.01)—1(23.47), 6-12-2001)