(a) Grantee shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements and FCC technical standards. The grantee, through the system, shall provide uniform, strong signals which are free from any significant distortion and interference. The system shall be designed, constructed, operated and maintained for 24 hours a day continuous operation. The system shall produce, for reception on subscribers' receivers which are in good working order, either monochrome or color pictures (providing the receiver is color capable) which are free from any significant interference or distortion which would cause any material degradation of video or audio quality.
(b) The grantee shall construct, install, operate and maintain its system in accordance with the following minimum standards:
(1) The system will be spaced to permit a minimum of 750 MHz operation.
(2) The grantee shall maintain its cable system in a manner which will continue to enable it to add new services and associated equipment.
(c) Prior to the erection of any towers, poles or conduits, the grantee shall make available to the town and other appropriate parties for approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if required, together with a map and plans indicating the proposed location of all such facilities. No erection or installation of any tower, pole, underground conduit, or fixture shall be commenced by any person until approval thereof has been received from the town, consistent with all generally applicable, nondiscriminatory town ordinances and regulations and timeframes, including articles VI and VII of chapter 28 of the town's code of ordinances in effect as of the date of any franchise granted pursuant to the provisions hereof.
(d) Any contractor proposed for work of construction, installation, operation, maintenance, and repair of system equipment must be properly licensed under laws of the state, and all generally applicable, nondiscriminatory local ordinances, and shall be subject to the terms of this chapter, and all applicable federal and state laws.
(e) The grantee's system and associated equipment erected by the grantee within the town shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. No pole or other fixtures placed in any public ways by the grantee shall be placed in such a manner as to interfere with normal travel on such public way.
(f) The town does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In public rights-of-way, where necessary, the location shall be verified by excavation.
(g) Construction, installation, operation, upgrade, and maintenance of the cable system shall be performed in an orderly 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.
(h) Grantee shall at all times comply with:
(1) National Electrical Safety Code (National Bureau of Standards);
(2) National Electrical Code (as adopted by the state);
(3) Applicable FCC or other federal, state and generally applicable, nondiscriminatory local regulations; and standards as set forth in this chapter or the franchise;
(4) Manual on Uniform Traffic Control Devices; and
(5) The relevant sections in the town of Cary's Design Specifications and Detail Manual in effect as of the date of any franchise granted pursuant to the provisions hereof.
In no event shall grantee or its contractors leave open any excavation within the town but outside the town's rights-of-ways for more than ten days from when the excavation was made. Further, grantee shall bury all drops or other cable within ten days, except when ground conditions do not permit grantee to do so. When grantee is unable to comply with this deadline due to ground conditions, grantee shall bury the drop or other cable as soon as ground conditions permit grantee to do so.
(i) 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 grantee may have equipment located.
(j) Any antenna structure used in the cable system shall comply with construction, marking, and lighting of antenna structure standards as required by federal and state law or regulation.
(k) All worker facilities, conditions, and procedures that are used during construction, installation, operation, and maintenance of the cable system shall comply with the standards of the occupational safety and health administration.
(l) RF leakage shall be checked at reception location for emergency radio services to prove measurable interference signal combinations are possible. Stray radiation shall be measured adjacent to any proposed aeronautical navigation radio sites to prove no measurable interference to airborne navigational reception in the normal flight pattern. FCC rules and regulations shall govern.
(m) The grantee shall maintain equipment capable of providing standby power for a minimum of eight hours for the headend.
(Ord. No. 04-009, § 6-34, 8-26-2004)