Spokane Municipal Code

Title 10 Regulation of Activities

Chapter 10.27A Cable Communications Code

Article III. Franchise Conditions

Section 10.27A.610 Construction and Installation Work

1. Before commencing any construction in, above, over, across, under, through or in any way connected with the public rights-of-way or other public places of the City, franchisee shall obtain all permits in accord with the Spokane Municipal Code [See chapter 12.02 SMC, Article IV or equivalent and chapter 12.09 SMC, both as applicable].

1. 1. A franchisee may commence construction in accordance with such maps upon written approval by the city engineer and upon issuance of all permits and licenses necessary to do the work.

1. 2. A franchisee shall give the City notice within a reasonable time prior to the commencement of the proposed construction, but in no event shall said notice be given less than seven days before such commencement unless waived by the city engineer or unless shorter notice is reasonably necessary.

2. A franchisee or any other person acting on its behalf shall not obstruct, open or otherwise disturb the surface of any public right-of-way or other public place for any purpose whatsoever without obtaining the approval of the city engineer in accord with generally applicable requirements [See chapter 12.02 SMC, Article IV; chapter 12.09 SMC, as applicable].

3. Any obstruction, opening or disturbance of any public right-of-way or other public place shall be properly guarded by adequate barriers, lights, signals and warnings to prevent danger to any person or vehicle.

1. 1. A franchisee shall, at its own cost and expense, restore and replace any property disturbed, damaged or any way injured by or on account of its activities to as good condition as said property was in immediately prior to the disturbance, damage, or injury.

1. 2. If a franchisee fails to comply with the requirements of the preceding sentence within five days following written demand by the city engineer, the City may cause such work to be done at the franchisee’s expense.

1. 3. Nothing in this subsection shall be interpreted to preclude a franchisee from passing onto a customer the actual construction costs associated with extending cable plant more than one hundred twenty-five feet.

4. A franchisee shall maintain all wires, conduits, cables and other real and personal property and facilities in good condition, order and repair. All cable facilities shall be maintained so as to further, to the extent reasonably possible, the objective of maintaining the aesthetic character of the City. The City, in its sole discretion, may determine whether a franchisee has complied with this requirement.

1. 1. If a franchisee fails to comply with this requirement, the City may cause such work to be done at the franchisee’s expense.

5. Underground installations are subject to SMC 12.02.0302 through SMC 12.02.0330.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)