§ 114.13  CONSTRUCTION PROVISIONS; USE OF STREETS AND POLE ATTACHMENTS.
   (A)   Construction schedule. The franchisee shall be diligent in commencing construction after the effective date of the franchise.
   (B)   Changes required by public improvement. A franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place to remove from the road or other public place, any property of the franchisee when required by the town or state by reason of traffic conditions, public safety, road vacation, road construction, change or establishment of road grade, installation of sewers, drains and water pipes, power lines or any other type of structure or improvement by public agencies.
   (C)   Pole use. The franchisee is obligated to obtain pole space and other facilities from the town, any utility companies, and other lawful users at its own expenses and costs and copies of all pole use agreements in whatever form are to be filed with the Mayor at Town Clerk-Treasurer’s office. In the event of termination for failure to construct the CATV system or expiration of the franchise, the franchisee is to relinquish all rights to pole use immediately and enter into whatever agreements and execute whatever documents may be necessary to accomplish such relinquishment. In the event of termination of the franchise once the system is operating, the franchisee is to relinquish all rights to pole use after a reasonable time has elapsed for the franchisee to attempt to sell the system; however, during such time the franchisee shall diligently be attempting to find a buyer. Such reasonable time, unless otherwise agreed to by the town, shall be nine months. This provision may be enforced by appropriate equitable remedy from a court of competent jurisdiction as set forth in G.S. § 153A-123. Such equitable relief includes, but is not limited to, injunctions and orders of abatement and upon refusal to comply, the franchisee may be cited for contempt.
   (D)   Use of existing poles or conduits. Nothing in this chapter, or any franchise granted hereunder, shall authorize the franchisee to erect and maintain in the town new poles where existing poles are servicing the area. The franchisee shall obtain permission from the town before erecting any new poles or underground conduit where none exists at the time the franchisee seeks to install his or her network.
   (E)   Facilities not to be hazardous or interfere. All wires, conduits, cable and other property and facilities of the franchisee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the roads and public places of the town. The franchisee shall keep and maintain all of its property in good condition, order and repair. The franchisee shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the town in the section dealing with reports. A franchisee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners, or with any gas, electric or telephone fixtures, or with any water hydrants or mains.
   (F)   Methods of installation. All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and workmanlike manner consistent with all applicable requirements of the National Electric Code, state and local electric codes, and all pole attachment agreements. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in parallel and bundled, with due respect for engineering and safety considerations. All installations shall be underground in these areas of the town where electric service is underground at the time of installation. In areas where electric utility facilities are aboveground at the time of installation, the franchisee may install its service aboveground with the understanding that at such time as those facilities are required to be placed underground by the town, the franchisee shall likewise place its services underground without additional cost to the subscribers or the town. It shall be the policy of the town that underground installation, even when not required, is preferable to the placement of additional poles.
   (G)   Subscriber’s underground installation option. Should any subscriber wish to have underground service in any area normally provided service via overhead (aerial) construction, the subscriber requesting such underground service shall pay all costs attendant to underground construction plus 10% less the normal costs of such equivalent overhead installation, if such overhead service does not exist to the subscribers’ residence.
   (H)   Prohibition of signal distribution by others. No equipment, cable or other apparatus shall be connected between the franchisee’s CATV system and the subscriber’s receiver except as furnished and installed by the franchisee.
   (I)   Requests for removal or change. The franchisee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of the building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the franchisee shall have the authority to require such payment in advance. The franchisee shall be given not less than five days’ advance notice of any move contemplated to arrange for temporary wire changes.
   (J)   Construction standards; clearance aboveground. The franchisee’s distribution system in the public streets shall comply with all applicable laws, regulations and ordinances, and all its wires and cables suspended from poles in the streets shall comply with the minimum clearances aboveground required for telephone lines, cables, wires and conduits.
   (K)   Maintenance and alteration of the system after construction. The Board of Commissioners may require any part or all of the system to be improved or upgraded (including, without limitation, the increasing of channel capacity, the furnishing of improved converters, and the institution of two-way transmissions), if a reasonable need is found therefor after a public hearing has been called, for that purpose, and may order such improvement or upgrading of the system, to be affected by the franchisee within a reasonable time thereafter; provided that, no change shall compromise the franchisee’s ability to perform satisfactorily its obligations or rights under this chapter or the franchise agreement.
(Prior Code, § 114.13)  (Ord. passed 11-12-1981)  Penalty, see § 10.99