§ 6-23. Use of public rights-of-way.

(a)

Any public rights-of-way excavated or otherwise disturbed by a franchisee shall be done under the supervision and direction of the county under permits issued for work by the county, and shall be done in such manner as to give the least inconvenience to the people of the county. A franchisee shall, at its own cost and expense, and in a manner approved by the county, replace and restore any such rights-of-way to as good a condition as before the work was done, and shall also prepare, maintain and provide to the county engineer full and complete plats, maps and records showing the exact locations of its facilities located within the public rights-of-way, as may be required under the county's permitting procedures.

(b)

Except to the extent required by law, a franchisee shall, at its expense, protect, support, temporarily disconnect, relocate, or remove, any of its property when required by the county by reason of traffic conditions, public safety, street construction, street resurfacing or widening, change of street grade, installation of sewers, drains, water pipes, or any other type of governmental improvement; provided, however, that the franchisee shall, in any such case, have the privilege of abandoning any property in place.

(c)

A franchisee shall, at the request of any person holding a building moving permit issued by the county, temporarily raise or lower its wires, cables, etcetera to permit the moving of the building. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the county, in which case no such payment shall be required. The franchisee shall be given not less than seven (7) business days advance notice to arrange for such temporary cable or wire changes.

(d)

A franchisee shall upon notice to the county of not less than seven (7) business days, have the authority to trim trees or other natural growth upon or overhanging public rights-of-way so as to prevent the branches of such trees or other natural growth from contacting wires, cables or other facilities or equipment of the franchisee, except that, at the option of the county, such trimming may be done by the county or under its supervision and direction at the expense of the franchisee.

(e)

Underground. In those areas of the franchise area where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electrical services are underground or hereafter may be placed underground, the franchisee shall at its expense likewise construct, operate and maintain all of its transmission and distribution facilities underground. As transmission and distribution lines of such utilities are converted from overhead to underground installations within the franchise area, the franchisee's transmission and distribution system shall also be so converted. The installation of new poles shall require specific approval of the county, which consent shall not be unreasonably withheld. All installations shall be made in accordance with the National Electrical Safety Code. Upon the request of the county, copies of agreements between a franchisee and a third party for use of conduits, poles or other facilities shall be filed with the county, provided that the franchisee shall have the right to redact proprietary and confidential information in such agreements as it pertains to financial arrangements between the parties.

(f)

All wires, cables, and other transmission lines, equipment and structures shall be installed and located to cause minimum interference with the rights and convenience of property owners. The county may adopt such rules and regulations concerning the installation and maintenance of a cable system installed in, on, or over public rights-of-way, as may be consistent with this chapter, the franchise agreement and applicable local, state or federal law.

(g)

All safety practices required by law shall be followed during construction, maintenance, repair and operation of a cable system. A franchisee shall not place facilities, equipment or fixtures where they will interfere with any pre-existing gas, electric, telephone, water, sewer or other utility facilities, so as to obstruct or hinder in any manner the various utilities serving the residents of the county or their use of any street or any other public right-of-way.

(h)

A franchisee shall, at all times:

(1)

Install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of any applicable building code or electrical safety code, and in such manner that they will not interfere with any installations of the county.

(2)

Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, cables, equipment, and connections in, over, under, and upon the public rights-of-way.

(i)

The county shall encourage, to the extent feasible, that a public utility and the franchisee cooperate in opening up trenches and making such trenches available to all parties with the understanding that the costs of opening and refilling of such trenches will be shared equitably by all users of such trenches. The franchisee shall at all times comply with the requirements of the Trench Safety Act codified at F.S. §§ 553.60—553.64.

(j)

In the event the use of any part of a cable system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such system or property has been installed in any public rights-of-way without complying with the requirements of this chapter or a franchise agreement, or the franchise has been terminated, canceled or expired and no renewal proceedings are pending, the franchisee shall, within thirty (30) days after written notice by the county, commence removal from the public rights-of-way of all such property as the county may reasonably require.

(k)

The county may extend the time for the removal of the franchisee's equipment and facilities for a period not to exceed one hundred eighty (180) days, and thereafter such equipment and facilities may be deemed abandoned.

(l)

In the event of such removal or abandonment, the franchisee shall restore the area to as good a condition as prior to such removal or abandonment.

(m)

Permits and compatible easements.

(1)

It shall be the responsibility of the franchisee to obtain all necessary written permits and approvals of governmental agencies and easement holders prior to beginning installation. It shall also be its responsibility to determine any conflicts of its proposed installation with the facilities or equipment of other easement holders or beneficiaries.

(2)

The franchisee shall join and maintain a continuous membership in Sunshine State One-Call of Florida, Inc., and use its services prior to each installation.

(3)

The cable operator shall comply with the provisions of 47 U.S.C. § 541(a).

(4)

Underground installations in compatible easements shall be in accordance with the National Electrical Safety Code.

(5)

Delivery equipment including pedestals, amplifiers and power supplies installed or worked on by the franchisee shall be marked by the franchisee with the name of the franchisee. All pedestals and amplifiers of the cable operator shall be marked within eighteen (18) months after October 1, 2001.

(6)

Upon request from the county, the franchisee shall permit representatives of the county to inspect as-built plans of the installation in compatible easements at franchisee's office.

(Ord. No. 01-36, § 1, 10-1-01)