Saint Paul Legislative Code, App. H, art. IV, § 400 Construction plan, and construction procedures.
Section 400. - Construction plan, and construction procedures.
[Reserved for purposes of numbering]
CABLE SYSTEM CONSTRUCTION
Saint Paul Legislative Code pt. App. H, art. IV
in effectSaint Paul Legislative Code, App. H, art. IV, § 401 New development undergrounding.
Section 401. - New development undergrounding.
401.(a). In cases of new construction or property development where utilities are to be placed underground, the Company must place its facilities underground at the time of such construction or development, so long as the developer, utility or property owner shall give Company reasonable written notice of such construction, or development, and of the particular date on which open trenching will be available for Company's installation of conduit, pedestals and/or vaults, and laterals to be provided at Company's expense.
401.(b). Company shall provide specifications as needed for trenching when requested to do so, and shall maintain a current copy of the specifications that it is providing with the Cable Communications Officer.
401.(c). Costs of trenching and easements required to bring service to the development shall be a matter to be negotiated between the developer, utility or property owner and the Company.
Saint Paul Legislative Code, App. H, art. IV, § 402 System construction procedures.
Section 402. - System construction procedures.
402.(a). The Cable system shall be constructed, operated and maintained in accordance with all applicable codes of the City governing the use of the Streets and other Public property. Without limiting the Company's obligations thereunder, the Company agrees that, at a minimum, it will follow the system construction procedures established by this franchise, including by way of example and not limitation, the requirements of this Article IV. No requirement in this franchise shall be read to limit or condition any of the obligations of Company under applicable law or Chapter 430. It is the duty of the Company to construct, operate and maintain its Cable system, and to move and relocate its facilities, so that the City is not required to bear any costs or delays as a result of the Cable system's occupation of the streets or other public property, so that the public is not discommoded, and so that the use of the Streets or other Public property by the City and by others is not impeded. It is the duty of Company to repair any damage caused to the streets or public property promptly to specifications of the City or other responsible authority and to compensate the property owner for any loss. It is likewise the duty of Company to repair promptly any damage caused to private property and to compensate the private property owner for any loss. Unless expressly provided otherwise, costs associated with complying with this section and with applicable law shall be borne by the Company, and with no cost to the City. If there is a conflict between the procedures applicable under other provisions of the legislative code and the requirements of this franchise with respect to the use of the streets or other public property, the provision that the City determines best protects it shall control.
402.(b). The Company shall not assert the fact that the City has performed any prior review of its plans or exercised any ministerial function in granting permits, franchises, certificates, authorizations, approvals, etc., as a defense against its obligations to indemnify and hold the City harmless pursuant to Article I, Section 118. The Company shall furnish all plans, drawings and technical data in sufficient detail so as to enable each City department to fulfill its obligations under this franchise and other applicable laws and regulations.
402.(c). Company shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, FCC technical standards, and state law. Within six months of the effective date of the franchise, Company shall provide the City with three copies of a construction practices manual. The Company will be obligated to comply with the manual, except insofar as complying with the manual would conflict with Company's obligations under this franchise or other applicable law, or the City otherwise disapproves of a practice. The City's failure to comment upon the manual or any particular practice is not an approval of the manual or a particular practice. Without limiting the foregoing, or Company's obligations under any other provision of this Franchise or applicable law, Company must have a program for inspecting drops on an ongoing basis as part of ordinary service calls for compliance with then-applicable safety codes.
402.(d). Construction, operation and maintenance of the Cable system in City shall be performed in an orderly and workmanlike manner. 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.
402.(e). Company shall at all times comply with the relevant edition of:
402.(e).(1). National Electrical Safety Code as prepared by the Institute of Electrical and Electronics Engineers;
402.(e).(2). National Electrical Code of the National Fire Protection Association;
402.(e).(3). Bell Telephone System's Code of Pole Line Construction, also known as Bell System Manual of Construction Procedures; and
402.(e).(4). Other applicable federal, state and local law provisions.
402.(f). In any event, the System shall not endanger or interfere with the safety of persons or property in the franchise area or other areas where the Company may have equipment located.
402.(g). Any antenna structure used in the Cable system shall comply with construction, marking and lighting of antenna structures required under applicable law.
402.(h). All working facilities and conditions used during construction, operation and maintenance of the Cable system shall comply with the standards of the Occupational Safety and Health Administration.
402.(i). Company shall comply with all applicable standards for RF signal leakage.
402.(j). Upon grant of this franchise to construct and maintain a Cable system to provide Cable service in the City, the Company may enter into contracts with any public utility companies or any other owner or lessee of any poles located within or out of the City to whatever extent such contract or contracts may be expedient and of advantage to the Company for use of poles and posts necessary for proper installation of the system, obtain right-of-way permits from appropriate state, county and federal officials necessary to cross highways or roads under their respective jurisdiction to supply main trunk lines from the Company's receiving antennas, obtain permission from Federal Aviation Administration to erect and maintain antennas suitable to the needs of the system and its subscribers and obtain whatever other permits a city, county, state or federal agency may require. In the construction, installation and maintenance of its system, Company will use steel, cable and materials and electronic devices, all of specialized and advanced design and type. In the operation of its system, the Company will employ personnel with training, skill and experience in electronics and communications.
402.(k). The Company'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 any improvements the City may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.
402.(l). Company shall utilize existing poles, conduits and other structures whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other structures whether in the Streets, on Public property or on privately-owned property until the written approval of the City is obtained. However, no location of any pole or wire holding structure or other facility of the Company shall be a vested interest and such poles or structures or facilities shall be removed or modified by the Company at its own expense whenever the City or any Person acting on the City's behalf determines that the public or the City's convenience would be enhanced thereby.
402.(m). All transmission and distribution structures, lines and equipment and all other parts of the Cable system shall be constructed, operated and maintained so as to cause minimum interference with the proper use of Streets and other Public property, and to cause minimum interference with the rights or reasonable conveniences of property which adjoins any of the said Streets, or other Public property.
402.(n). In case of any disturbance of any street, pavement, sidewalk, driveway, foundation or other surfacing the Company shall, at its own cost and expense and in a manner approved by the City, replace and restore the same to as good condition as before said work was commenced and in accordance with standards for such work set by the City. If, upon reasonable written notice, the Company fails to promptly restore any Street or other Public property in accordance with this provision, the City shall have the right to put such Street or Public property back into good condition at the expense of the Company and the Company shall, upon demand, pay to the City the cost of such work done or performed by the City.
402.(o). In case of any disturbance of any other Public property not included in the scope of subsection 402(n), the Company shall, at its own cost and expense and in a manner approved by the City, replace and restore all such property to as good condition as before said work was commenced and in accordance with standards for such work set by the City. If, upon reasonable written notice, the Company fails to promptly replace and restore any such property in accordance with this provision, the City shall have, in addition to such other rights as it may have under this franchise, the right to replace or restore such Public property to at least as good condition as existed prior to the damage at the expense of the Company and the Company shall, upon demand, pay to the City the cost of such work done or performed by the City.
402.(p). In case of any disturbance of any private property, the Company shall, at its own cost and expense replace and restore all such property to as good condition as before said work was commenced and in accordance with any applicable standards for such work set by the City. If, upon reasonable written notice, the Company fails to promptly replace and restore any such property in accordance with this provision, the property owner shall have, in addition to such other rights as it may have under law or equity, the right to replace or restore such private property to at least as good condition as existed prior to the damage at the expense of the Company and the Company shall, upon demand, pay to the owner the reasonable cost of such work done or performed by the owner.
402.(q). Whenever the City shall, during the period of this franchise, undertake any public improvement which affects the Cable system, it shall direct the Company to remove or relocate its wires, conduits, cables, vaults, pedestals, manholes, poles and other fixtures and property from the area affected by the improvements at the Company's expense, upon reasonable notice to the Company of the undertaking of such public improvements. Likewise, the Company at its expense shall protect, support, temporarily disconnect, relocate, or remove any property of Company when, in the opinion of the City the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation or movement of structures by governmental agencies whether acting in a governmental or a proprietary capacity, including but not limited to movement of buildings, urban renewal and redevelopment, and any program under which the City shall undertake to cause all such properties to be located beneath the surface of the ground, street vacation, or for any other reason where the convenience of the City or the public would be served thereby. If the Company fails to move its facilities by a time specified by the responsible government authority, that authority may perform the work, and bill the Company therefor.
402.(r). Notwithstanding the foregoing, whenever, in case of fire or other emergency, it becomes necessary to remove any of the Company's facilities, the City may do so without prior notice.
402.(s). The Company shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone facilities or obstruct or hinder in any manner the various utilities serving the residents of the City. All such poles or other fixtures shall be placed close to the line of the lot abutting on said street, and then in such manner as not to interfere with the usual travel on said streets.
402.(t). Company shall promptly move and relocate its Cable system for any private party authorized to occupy the Streets or other Public property to accommodate the construction, operation or maintenance of facilities by such party. Costs shall be borne as provided by applicable law.
402.(u). The Company shall, on the request of any Person holding a building moving permit or other permit for moving oversized objects issued by the City, temporarily raise or lower its wires to permit the moving of the buildings or objects. The reasonable expense of such temporary removal, raising or lowering of wires shall be paid by the Person requesting the same, if the system is properly installed and the Company shall have the authority to require such payment in advance. The Company shall be given not less than ten (10) working days' advance notice to arrange for such temporary wire changes. In constructing, operating and maintaining its Cable system, the Company shall respect any and all building movers corridors on truck routes established by the state, the City and any of their subdivisions or agencies.
402.(v). The Company shall not remove any tree or trim any portion, either above, at or below ground level, of any tree within any public place without the prior consent of the City. The City shall have the right to do the trimming requested by the Company and may charge the Company for the City's direct costs for such trimming. Regardless of who performs the work requested by the Company, the Company shall be responsible, shall defend and hold City harmless for any and all damages to any tree as a result of trimming, or to the land surrounding any tree, whether such tree is trimmed or removed.
402.(w). The Company shall erect and maintain all parts of the system in good condition throughout the entire franchise period.
402.(x). All necessary easements over and under private property shall be arranged for by the Subscribers or the Company.
402.(y). The Company shall render efficient service, make repairs and adjustments promptly, and interrupt service only for good cause and for the shortest time possible. All costs incurred in making such repairs and adjustments shall be borne by the Company except as otherwise provided for in this ordinance.
402.(z). Company shall not allow its cable or other operations to interfere with broadcast reception or persons not served by Company.
Saint Paul Legislative Code, App. H, art. IV, § 403 Installation services.
Section 403. - Installation services.
403.(a). Company shall provide at least the following installation services:
403.(a).(1). Standard installation. Standard installation for the Subscriber network shall consist of an aerial drop, not exceeding two hundred (200) feet, from a single pole attachment to the customer's residence. The use of exposed (external) wiring is the standard method of wiring all buildings.
403.(a).(2). Project prewiring:
(A). Company shall provide service to prewired projects and utilize the cabling provided for the prewired projects as required by Article I, Section 111(f).
(B). Company shall review and approve methods and materials, supply specifications, technical assistance and material according to Article I, Section 111(f).
(C). Company shall prewire a project upon request according to Article I, Section 111(f).
403.(a).(3). Subject to the City's rate regulation authority under sections 111 and 112, the Company shall provide additional outlets as customers may request, but Subscribers shall also have the option of installing additional outlets themselves. However, this section does not require the Company to connect to wiring that would result in signal leakage in excess of the limits under applicable law.
Saint Paul Legislative Code, App. H, art. IV, § 404 Books and records; inspection of system; testing requirements.
Section 404. - Books and records; inspection of system; testing requirements.
404.(a). Company shall provide the City access to all books and records, as required by Chapter 430. Without limiting its obligations under that Chapter, or other provisions of applicable law, the Company agrees that it will provide the City access to all books and records related in whole or in part to the construction, operation, or repair of the Cable system so that the City may inspect and copy these books and records. The Company's obligation includes the obligation to produce all books and records related to revenues derived from the operation of the Cable system. If the Company offers cable-related and non-cable-related services and equipment in a bundle, and allocates revenue from the bundle among cable and non-cable related services and equipment, it must maintain records adequate to permit City to audit the accuracy of the allocation of revenues among cable-related and non-cable-related service and to ensure that the proper franchise fee owed on cable-related revenues was paid. The Company is responsible for obtaining or maintaining the necessary possession or control of all such books and records related to the construction, operation or repair of the Cable system so that it can produce the documents upon request, without regard to whether the books and records are held by it, a parent company, a contractor or subcontractor, or someone else. Books and records must be maintained for a period of five years, except that (a) any record that is a public record must be maintained for no less than the period required by state law; and (b) the City may from time to time specify a shorter period for certain categories of voluminous books and records where the information contained therein can be derived simply from other materials. The Company shall take all reasonable steps required, if any, to ensure that it is able to provide the City all information which must be provided or may be requested under this franchise or applicable law, including by providing appropriate subscriber privacy notices. Company shall be responsible for redacting any data that applicable law prevents it from providing to the City. Nothing in this Section 404 shall be read to require the Company to violate state or federal law protecting subscriber privacy or personnel records.
404.(b). The terms "books and records" shall be read expansively to include information in whatever format stored. The term "construction, operation and repair" shall be read expansively, including by way of example and not limitation, information related to system management, contractual relationships with Subscribers and other entities located in the Streets, and information related to the use of the Cable system.
404.(c). Books and records requested shall be produced to the City at the location designated by the Cable Communications Officer. However, if any books and records are too voluminous, or for security reasons (for example, because the documents contain trade secrets) cannot be copied and moved, then Company may request that the inspection take place at some other location mutually agreed to by the City and the Company, provided that (1) the Company must make necessary arrangements for promptly copying documents selected by the City after its review and providing them to the City; and (2) the Company must pay all travel and additional copying expenses incurred by the City (above those that would have been incurred had the documents been produced in the City) in inspecting those documents or having those documents inspected by its designee.
404.(d). [Reserved for purposes of numbering]
404.(e). Without limiting the foregoing, the Company shall provide the City the following within 10 days of their receipt or (in the case of documents created by the Company or an affiliate) filing:
404.(e).(1). notices of deficiency or forfeiture related to the operation of the Cable system (other than notices issued by the City); and
404.(e).(2). copies of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the Company or by any partnership or corporation that owns or controls the Company directly or indirectly.
404.(f). The Cable Communications Officer may require the Company to maintain records, and to prepare reports relevant to determining the compliance of the Company with the terms and conditions of this franchise or applicable law. Without limiting this general obligation, the Company shall prepare the following reports:
404.(f).(1). As part of only the first quarterly report of the year, the Company shall provide:
(A). [reserved for purposes of numbering]
(B). A report detailing Company's performance under each applicable customer service standard as defined by FCC rules, Chapter 430 and regulations adopted pursuant thereto, and this franchise. For each standard not met, the report will explain the cause, and corrections taken for each.
(C). An estimate of the number of handicapped, Senior citizens or Economically disadvantaged persons receiving any rate discounts, and the amount of the discounts.
(D). A full schedule of all Subscriber and user rates, fees and charges for all Cable services provided for the preceding year.
(E). A copy of Subscriber and User agreements used by the Company.
(F). Provided that, when it provides the information required by subsections (D) and (E), Company need not include proprietary MDU rates and agreements, so long as the same are made available for the City's inspection upon request.
(G). A copy of an actual subscriber bill, which includes showing how Company is itemizing franchise fees, and taxes, and itemizing costs.
404.(f).(2). Within 45 days of the end of each quarter, which shall end on March 31, June 30, September 30, and December 31 of every year, Company shall provide:
(A). A statement, in a form approved by City, showing the number of Subscribers served in the franchise area.
(B). A statement certified as true by an independent auditor or a designated representative for the Company (i) listing by category the revenues for each source of revenue which is included within the definition of gross revenues in this franchise, and (ii) identifying any other revenues of the Cable system that the Company has excluded from Gross revenues; the amount of the exclusion; and the reason for the exclusion; and identifying any adjustments or offsets against payments and the basis for the same.
(C). A report summarizing known Cable system outages in the franchise area, and an estimate of the number of Subscribers affected by the outage, and the time it took to repair the outage, measuring from the time the Company first knew about the outage. An outage is defined as a loss of audio or video or impairment of audio or video affecting more than one Subscriber.
(D). A report showing the percentage of time service interruptions were cured within 36 hours; the average time from notice that a problem existed to final cure; and the percentage of time that other service calls were resolved within 96 hours.
(E). [reserved for numbering]
(F). The percentage of time standard and non-standard installations were completed within the time required by the City.
404.(g). Company shall provide the City the following on an ongoing basis:
404.(g).(1). A statement of the resolution of complaints referred to it by the City.
404.(g).(2). Company shall provide the City with a special number that the City may call to obtain information about any unplanned or unanticipated outage. This number cannot be the same number used by general Subscribers, and must provide a means for the City to promptly contact a Person knowledgeable about the outage.
404.(g).(3). Company shall provide the City with at least a 24-hour advance notice of any planned outages affecting 500 or more Subscribers on the same distribution line or fiber node within the franchise area.
404.(h). Company shall maintain records of all complaints received, the disposition of those complaints, and the time from disposition to any cure.
404.(i). Company shall maintain accurate and detailed maps and improvement plans which show the location, size, and a general description of all facilities installed in the streets and any power supply sources (including voltages and connections). Maps shall be based upon post-construction inspection to verify location. These maps and plans must be submitted to the City upon request in an electronic format. The medium and the format used for the electronic submissions must be a standard medium and format satisfactory to the City. The Company shall keep current records and plats on all underground facilities it owns or operates. Such plats and records are to be available to all utilities and the City immediately upon request.
404.(j). Company shall maintain accurate subscriber and institutional network drawings which show the location of all facilities, and it must provide those drawings upon request in electronic format specified by the City.
404.(k). The Cable system and all property owned or used by the Company in connection with the system shall be subject to inspection and testing by the City to determine compliance with the provisions of this ordinance and applicable law. The City shall be notified two weeks in advance of, and shall have the right to be present when the Cable system is tested by the Company for any required proof of performance test, or any test that the Company is required to perform under Section 404.(m). The City shall have the right to be present for any other test, upon request. The Company 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.
404.(l). If, based on complaints received or upon its own inspection, the Cable Communications Officer concludes that there is reason to believe that the System may not be performing as required, it may require the Company to perform tests and inspections of its system, and to prepare a report showing the results of the inspection or testing, and any corrective action taken as a result thereof.
404.(m). Except to the extent that federal law prevents the Company from enforcing this requirement, the Company shall be required to test its Cable system periodically for compliance with all applicable technical and performance standards. The tests shall be conducted at least twice each year, shall be conducted by trained personnel using properly calibrated and tested equipment, and accepted engineering testing procedures designed to measure performance under the worst case scenarios.
404.(n). In addition, Company shall make available upon request the results of testing it performs. Company shall provide City with credentials of Person or persons conducting said tests Nothing in this section relieves Company of any obligation it may have under FCC rules to submit proof of performance tests to the City.
404.(o). All costs of testing shall be borne by Company. Where special testing is required to determine the source of technical difficulties, the Company shall be liable for all the costs thereof.
404.(p). Company must produce the books and records, prepare the reports and permit the City to conduct the inspections, requested by the City even if the Company does not believe that the request satisfies the standard set out in this Section 404, unless the City waives the requirement, or the Company obtains a court order from a court of competent jurisdiction enjoining the request.
404.(q). Any material misrepresentation made by the Company in any report required by this section shall subject the Company to the liquidated damages provisions of this ordinance and shall subject the Company to all remedies available to the City by law.
Saint Paul Legislative Code, App. H, art. IV, § 405 Miscellaneous.
Section 405. - Miscellaneous.
405.(a). By the acceptance of this franchise, Company waives its rights, if any, to relocation costs that might otherwise be provided by law and that would otherwise be available from the City or in connection with any project in which the City is a participant.
405.(b). This franchise, as modified, shall be treated as an extension of the franchise. The extension shall not act as a release with respect to either party of claims arising under the franchise. This franchise, as modified between Company and City, including the exhibits, Settlement Agreement, Transfer Agreement, Indefeasible Right to Use Agreement and Metro-E Agreement, embodies the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior understandings, agreements and communications, whether written or oral.
405.(c). All remedies are cumulative and may be exercised singly or in combination, and are in addition to any other remedies available to the City at law or equity.
405.(d). Material terms are not severable.
405.(e). Competitive Equity.
The City reserves the right to grant additional franchises or similar authorizations to provide video programming services via cable systems or similar wireline systems located in the public rights-of-way. It is not the City's intent to treat competitors in a discriminatory manner and to advantage one competitor over another by regulation. If the City grants such an additional franchise or authorization to use the public rights-of-way to provide such services and Company believes the City has done so on terms materially more favorable than the obligations under this Franchise, then the provisions of this paragraph will apply.
As part of the Company's franchise, the City has agreed upon the following terms as a condition of granting the franchise which terms may place the Company at a significant competitive disadvantage if not required of a competitor: a 5% franchise fee, PEG funding, PEG channels, and customer service obligations (hereinafter "Material Obligations").
Within one year of the adoption of the competitor's franchise or similar authorization, Company must notify the City in writing of the Material Obligations in Company's franchise that exceed the Material Obligations of the competitors franchise to similar authorization. The City shall have sixty (60) days to agree to allow Company to adopt the same Material Obligations provided to the competitor, or dispute that the Material Obligations are different. In the event the City disputes the Material Obligations are different, Company may bring an action in federal or state court for a determination as to whether the Materials Obligations are different.
Nothing in this section is intended to alter the rights or obligations of either party under state law, and it shall only apply to the extent permitted under applicable FCC orders. In no event will the City be required to refund or to offset against future amounts due the value of benefits already received.
This provision does not apply if the City is ordered or required to issue a franchise on different terms and conditions, or it is legally unable to do so; and the relief is contingent on the new franchisee actually commencing provision of service in the market to its first customer. This provision does not apply to open video systems, nor does it apply to common carrier systems exempted from franchise requirements pursuant to 47 U.S.C. Section 571; or to systems that serve less than 5% (five percent) of the geographic area of the City; or a system that only provides video services via the public Internet.
Source: City of Saint Paul, Minnesota, City Charter, Legislative Code and Administrative Code (Municode Library, library.municode.com)URL: https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_AP_APXHCACOFROMSTPAIN_ARTIVCASYCOFetched: 11/1/2026