2002 FEBRUARY - Laserfiche WebLink

6.52.080 1. Subject to applicable law, in the event that more than one franchise is awarded, the grantor reserves the right to limit the number of unused drop cables per residence. 2. The grantor reserves the right to grant an encroachment permit to a cable franchise applicant to install conduit and/or cable in anticipation of the granting of a franchise. Such installa- tions shall be at the applicant's risk, with no recourse against the grantor in the event the pending franchise appli- cation is not granted. The grantor may require an applicant to provide a sepa- rate trench for its conduit and/or cable, at the applicant's cost. 3. If the grantor authorizes or per- mits another cable system to operate within the municipal limits of the city, it shall do so on conditions that such new cable system entrant indemnify and hold harmless the initial grantee from and against all costs and expenses in- curred in strengthening poles, replacing poles, rearranging attachments, placing underground facilities and all other costs including those of the initial grantee, the city and utilities, incident to inspections, make ready, and con- struction of an additional cable system in the franchise area; and the initial grantee shall be designated a third party beneficiary of such conditions as are incorporated into the authorization(s) granted to such new entrant cable sys- tem. (Ord. 1829 § 2, 2001) 6.52.090 Technical Standards: A. Applicable Technical Standards: 1. The grantee shall construct, install, operate and maintain its cable system in a manner consistent with all applicable laws, ordinances, construction stan- dards, governmental requirements, FCC technical standards, and any detailed standards set forth in its franchise agreement. In addition, the grantee shall provide to the grantor, upon writ- ten request, a written report of the results of the grantee's periodic proof of performance tests conducted pursu- ant to FCC and franchise standards and guidelines. 2. Should the FCC no longer require proof of performance tests, the grantee shall make and submit such equivalent proof of performance tests and reports in response to a written request from the grantor. Such report shall be sub- mitted to the grantor within sixty (60) days of issuance of the grantor request. 3. Repeated and verified failure to maintain specified technical standards shall constitute a material breach of the franchise. B. Costs Of Technical Assistance: The grantee shall pay all reasonable costs actually incurred by the grantor for obtaining any technical assistance deemed necessary by the grantor for independent verification of technical compliance with applicable technical standards. The grantee shall be obligat- ed to pay for such technical review not more frequently than once per any thirty six (36) month period. (Ord. 1829 § 2, 2001) 6.52.100 Indemnification And Insurance Requirements: A. Hold Harmless: Grantee shall (Pleasanton February 2002) 192-16