Section 815-RICR-10-05-1.8 - Construction of CATV System1.8.1 Timetable - General Provisions A. All Certificates granted according to these rules shall be subject to the specific timetable contained in § 1.8.2 of this Part.B. Requests for waiver of the timetable will be entertained by the Administrator only upon a showing that compliance is beyond the control of the awardee.C. Certificate holders are expected to keep the Administrator informed of progress in pre-construction and construction phases so that he may initiate investigation in the event of delays.D. Unless for reasonable cause otherwise ordered by the Administrator, failure to meet the requirements of the timetable contained in § 1.8.2 of this Part will be considered grounds for either revocation of the Certificates issued or a fine based on the provisions contained in § 1.5.3 of this Part (Administrative Penalties).1.8.2 TimetableA. All known necessary governmental permits, licenses, authorizations, and certificates (except a Construction Certificate) shall be applied for within ninety (90) days of the date of acceptance of Compliance Order Certificate.B. The holder of a Compliance Order Certificate shall meet all requirements for granting of a Construction Certificate (as set forth in § 1.3.4 of this Part) within two hundred seventy (270) days from and after the applicant's acceptance of a Compliance Order Certificate.C. Construction of a CATV System shall begin within ninety (90) days of completion of sufficient contiguous make-ready work for the first phase of construction; provided further that applications for such make-ready work shall be made within thirty (30) days of receipt of a Construction Certificate.D. The Certificate holder shall maintain current duplicate copies of all as-built design maps for its system at its local business offices, one of which shall be deemed to be the Division's copy.E. The Certificate holder shall give the Division at least sixty (60) days written notice of the date on which the CATV System or portion thereof is expected to be ready for commencement of service to the public.F. Subscriber service shall commence as soon as practicable following receipt of a Certificate of Authority to Operate.G. The CATV Company's complaint department, in compliance with § 1.13.2 of this Part, shall begin operation at the same time as service commences.H. Within one year after receipt of a Construction Certificate, the holder thereof shall have completed sufficient construction to make service available to Subscribers in at least twenty percent (20%) of the Service Area, or have completed construction of at least one hundred (100) plant miles of Residential Network cable, whichever is greater. Thereafter, service on the Residential Network shall be made available to potential Subscribers at the rate of twenty percent (20%) of the Service Area per year.I. Unless the Administrator shall have waived the requirement, within five years from the receipt of the Construction Certificate the holder thereof shall have made service available to all potential Subscribers in those portions of its service area meeting the density tests described in § 1.10.2 of this Part.J. For the purposes of this section, "to make service available" shall mean to pass homes and institutions with energized Residential Network trunk cable (as appropriate) so that those homes and institutions may be connected to the system.1.8.3Design Changes and ExtensionsIf the holder of a Construction Certificate plans significant extensions of its trunk or distribution system, relocation of or substantive changes in its tower or head end facilities, or other significant redesign, rebuilding, or new construction, then that Certificate holder shall notify the Division of the substance of the extensions, relocations, changes, redesign, rebuild or new construction. Upon review, the Division will proceed pursuant to §1.3.4(E) of this Part.
1.8.4Placement of CablesA. Wherever practical, a holder of a Construction Certificate shall install its system using existing poles, conduits, rights-of-way, and other facilities of utility companies.B. Wherever underground conduits are available, cables must be placed underground.C. In the event neither poles nor conduits are available, a Certificate holder may install its facilities in any other manner approved by the Administrator; subject, however, to the prior approval of the governmental agency or public authority having jurisdiction over such other manner of installation.D. In no event shall a CATV Certificate holder install poles in areas where underground facilities are used by existing public utilities, unless such facilities cannot accommodate additional cable.E. If at any time a Municipality or the Commission shall require all utilities to be placed underground, the certificate holder shall, upon reasonable notice and at its own expense, conform with such requirement.F. Whenever required by any public authority to relocate its facilities (for reasons which may include traffic conditions, public safety, street or highway construction or improvement, street or highway grade establishment or change, the installation of sewers, drains, utility facilities, or other public improvements or the moving of buildings or urban redevelopment), the Certificate holder shall, upon reasonable notice and at its own expense, comply with the requirement.G. NOTE: Use of the phrase "at its own expense" in paragraphs §§ 1.8.4(E) and (F) of this Part shall not preclude receipt by the Certificate holder of any funds which may be available to it for this purpose by public or private grant or applicable law.1.8.5Failure to Comply with Underground or Relocation RequestUpon failure, refusal or neglect of the Certificate holder to comply with a requirement to relocate its facilities or to install them underground (as provided for in §1.8.4 of this Part, the municipality, the Commission, or the public authority imposing the requirement may, after hearing cause such work to be accomplished, and upon so doing shall submit to the Certificate holder an itemized statement of the costs thereof. If the certificate holder does not within sixty (60) days of the receipt of such statement pay the entire cost thereof, the holder's Certificate of Authority to Operate may be subject to action pursuant to § 1.5.3 of this Part or may be altered, amended, or revoked and cancelled.
1.8.6Subscriber DropsA. The standard installation shall consist of an aerial drop of no more than one hundred fifty (150) feet from a single pole attachment to the customer's residence or other structure to be served. A standard installation shall be provided to each Subscriber at the Certificate holder's expense. Drops in excess of one hundred and fifty (150) feet, any concealed wiring or other custom installation work, and all underground drops, shall be charged at the rates set forth in the CATV Company's filed tariff.B. In areas where distribution cables are located underground, Subscriber drop cables shall also be located underground. In other areas, the drop cables shall be aerial unless the Subscriber elects to pay the costs of underground installation as set forth in the CATV Company's tariff.815 R.I. Code R. 815-RICR-10-05-1.8