Cable UtilityPreview
Open in TheBrain

Ch. 96,

The city receives 5% of gross receipts from the CATV company. The city acting as our agent via contract and Ordinance has full regulatory authority over the technical installation (meeting state SPS 316 and NEC codes), repairs, maintenance, customer service, access issues and more read the full ordinance here. Or from city web site. https://ecode360.com/8429175

Spectrum giving you the runaround ch. 96-25 lets the City Administrator give you a hand and contact Spectrum.

Draft Questions to the City of Franklin

  1. Compliance Systems and Oversight

1.1. Chapter 96 requires that “The Grantee shall at all times comply with… National Electrical Code (National Bureau of Fire Underwriters)”.[1]

Please describe the City’s current process for verifying that the Grantee’s cable and related electrical installations within the City are in continuous compliance with the National Electrical Code (NEC).

* What inspections, plan reviews, or certifications are required?

* Which City department or official is responsible for this oversight?

1.2. How does the City coordinate between the Building/Electrical Inspection functions and the Fire Department to ensure that cable system installations do not create electrical or fire hazards, as contemplated by Ch. 96’s requirement that “the system shall not endanger or interfere with the safety of persons or property”?[2]

  1. Construction Standards and Fire Safety

2.1. Ch. 96 provides that the Grantee must comply with the National Electrical Safety Code, the National Electrical Code, the Bell System Code of Pole Line Construction, and applicable federal, state and local regulations.[1]

Please identify any local electrical or fire code amendments adopted by the City of Franklin that apply to the Grantee’s facilities (over and above the base NEC), and explain how the City ensures that the Grantee’s construction practices conform to those local standards.

2.2. Does the City require the Grantee to submit engineered plans for new construction, upgrades, or significant modifications in or above public rights-of-way for review of NEC and fire-safety compliance? If so:

* What specific NEC chapters/articles are evaluated (e.g., wiring methods, overcurrent protection, grounding and bonding, clearances near buildings)?

* Are any fire-resistance–related provisions (such as penetration of fire-rated assemblies or cable in plenum spaces) reviewed as part of this process?

  1. Inspection Frequency, Triggers, and Findings

3.1. How often does the City conduct field inspections of the Grantee’s poles, aerial/underground cables, cabinets, and other equipment to verify ongoing compliance with the NEC and related safety codes referenced in Ch. 96?[1]

3.2. Over the past five years, has the City documented any violations, deficiencies, or safety concerns involving the Grantee’s facilities related to:

* NEC violations;

* Fire hazards (e.g., improper clearances, overloading, compromised enclosures, improper grounding/bonding); or

* General safety issues under Ch. 96’s requirement that the system “shall not endanger or interfere with the safety of persons or property”?[2]

If so, please provide a summary of:

* The nature of the violation or concern;

* The date(s) identified; and

* The corrective action taken and completion date.

  1. Incident Reporting and Fire Department Involvement

4.1. Does the City have a formal protocol that requires the Grantee to notify the City and/or Fire Department of:

* Any electrical fires, overheating events, arcing, or similar incidents involving the Grantee’s equipment; or

* Any service interruptions/outages caused by fire or electrical failures that could implicate public safety communications?

If so, please describe that protocol and how it relates to the safety provisions in Ch. 96.[2]

4.2. In the last five years, has the City’s Fire Department responded to any fire or electrical hazard incidents where the Grantee’s facilities (e.g., cables, pedestals, power supplies, equipment cabinets) were identified as a contributing factor?

* If yes, please provide incident dates, locations (block-level), a brief description, and whether the City determined that the Grantee was out of compliance with the NEC or other safety codes referenced in Ch. 96.[1][2]

  1. Design, Location, and Clearances of Facilities

5.1. Ch. 96 grants the Grantee authority to construct and maintain poles, wires, cables, conduits, manholes, and other conductors in the public streets and rights-of-way.[3]

What standards, guidelines, or City requirements (in addition to NEC and the codes listed in § 96‑__ ) govern:

* Minimum clearances from buildings, roofs, windows, and the ground;

* Separation from electrical conductors or other utilities; and

* The location of above-ground cabinets and power supplies with respect to fire lanes, hydrants, or building access points?

5.2. Please explain how the City ensures that antenna structures and associated electrical equipment comply both with federal requirements and with NEC/fire-safety principles, in light of Ch. 96’s requirement that any antenna structure “shall comply with the construction, marking and lighting requirements of the United States Department of Transportation”[4] and that all aspects of construction/maintenance comply with Occupational Safety and Health Administration (OSHA) standards.[5]

  1. Maintenance, Repairs, and Hazard Response

6.1. Under Ch. 96, the Grantee must comply with multiple safety codes and must not endanger persons or property.[1][2]

When City personnel (including Fire or Building officials) become aware of potentially hazardous conditions related to the Grantee’s facilities (e.g., damaged pedestals, open cabinets, exposed conductors, cables sagging into vehicular areas), what is the required response timeline for the Grantee, and how is compliance tracked?

6.2. Does the City maintain any standard operating procedures (SOPs) or memoranda of understanding (MOUs) with the Grantee that set out specific processes for identifying, reporting, and correcting electrical or fire hazards associated with the cable system? If so, please provide copies.

  1. Records, Documentation, and Public Access

7.1. Please identify and provide copies of any internal policies, operating procedures, or guidance documents used by the City to implement and enforce Ch. 96’s requirements that the Grantee:

* Comply with the National Electrical Code and National Electrical Safety Code;[1]

* Ensure that the system does not endanger the safety of persons or property;[2] and

* Comply with OSHA standards in construction, installation, and maintenance.[5]

7.2. For the last five years, please provide:

* All inspection reports, notices of violation, or correspondence issued by the City to the Grantee that reference NEC or other fire/electrical safety issues under Ch. 96; and

* Any City or Fire Department after-action reports where the Grantee’s equipment was noted in connection with a fire or hazardous electrical condition.

Footnotes (Chapter 96 Provisions Cited)

Attachments