(A) Right-of-way construction. Prior to commencing any construction in the town, a grantee must obtain all necessary permits and licenses required by federal, state and generally applicable town laws, ordinances and rules and pay all associated nondiscriminatory fees. Further, a grantee shall comply with all applicable laws, ordinances, rules and standards relating to the construction, operation and maintenance of a cable system.
(B) Compliance with laws. The construction, installation and maintenance of the cable system shall be effectuated by grantee in a manner that is consistent with the laws, ordinances and construction standards of the state, the Occupational Safety and Health Administration, the National Electrical Safety Code, National Electrical Code and the FCC, to the extent applicable, as well as all other laws, rules, regulations and ordinances that are generally applicable and promulgated pursuant to the town’s lawful police power. All open connections on splitters, couplers and other devices shall be properly terminated.
(C) Minimum interference. All of grantee’s construction, installation, operation, repair and maintenance, and the arrangement of its lines, cables and other appurtenances, on public or private property, shall be conducted in such a manner as to not unreasonably interfere with the rights and reasonable convenience of property owners that may be affected. In the event the work is not in accordance with applicable rules and regulations, the town may require the removal, within a period of time after notice as is reasonable under the circumstances, of grantee’s lines, cables and appurtenances from the public rights-of-way in question, at the sole expense of the grantee.
(D) Repair of property. Grantee shall promptly repair and restore any town or private property which may be damaged as a result of the construction, installation, operation, repair, maintenance or removal of the cable system. Any property damaged or destroyed shall be promptly repaired and restored by grantee, at grantee’s sole cost and expense to the reasonable satisfaction of the town, to its condition prior to being damaged, or shall be replaced by grantee with equivalent property. The town may inspect and approve the condition of the public rights-of-way and cables, wires, attachments and poles after restoration. The liability, indemnity, insurance and performance bond as provided herein shall continue in full force and effect during the period of any removal and until the grantee has fully complied with the terms and conditions of this chapter and the franchise agreement. In the event of a failure by the grantee to complete any restoration work required by the town within the time as may be established by the town and to the reasonable satisfaction of the town, the town may, following reasonable notice to the grantee, cause the work to be done and the grantee shall reimburse the town the cost thereof within 30 days after receipt of an itemized list of the cost, or the town may at its option recover the costs through the performance bond provided by grantee. The town shall be permitted to seek legal and equitable relief to enforce the provisions of this section.
(E) Erection of poles. Grantee shall not erect any pole on or along any public rights-of-way in an existing aerial utility system without the advance written approval of the town. If additional poles in an existing aerial route are required, grantee shall negotiate, as needed, with the owners thereof for the installation of the needed poles. Grantee shall negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction, under mutually acceptable terms and conditions.
(F) Reservations of street rights. Nothing in this chapter shall be construed to prevent the town from constructing storm or sanitary sewers, grading, paving, repairing or altering any public rights-of-way, or laying down, repairing or removing water mains, traffic signal control systems, town fiber plant, or constructing or establishing any public utility, service or other public work that the town may operate or undertake now or in the future. All the work shall be done, insofar as practicable, in a manner as not to obstruct, injure or prevent the free use and operation of poles, wires, conduits, conductors, pipes or appurtenances of grantee. If town in its reasonable judgment shall determine that grantee’s facilities interfere with the construction location or repair of any public right-of-way or public improvement, then all the facilities of grantee shall be removed or replaced, or temporarily disconnected, in a manner as shall be directed by the town so that the same shall not interfere with the public works of the town. The removal or replacement shall be at the expense of grantee; provided, however, that nothing in this chapter shall preclude grantee from seeking reimbursement for removal or replacement costs from any public funds generally available to right-of-way users for the reimbursement of the costs.
(G) Underground installation. In those areas within the town where cable television, telephone or electrical facilities are currently placed underground, all cable system facilities shall remain or be placed underground. In areas where either telephone or electric utility facilities are above ground at the time of installation, grantee may install its cable system facilities above ground, provided that at the time that both electric and telephone utility facilities are placed underground, grantee shall likewise place its cable system facilities underground without cost to the town. Nothing contained in this section shall require a grantee to construct, operate and maintain underground any ground-mounted appurtenances, except that grantee shall take steps to minimize the number and visual impact of the facilities. If the grantor reimburses any utility for the relocation, grantee shall be similarly reimbursed. This section shall not prevent the town or any of its agencies or joint agencies from requiring the installation or relocation of cable services facilities underground pursuant to a separate ordinance or regulation or requirement imposed in accordance with the exercise of the general police power or regulatory function of the agency or joint agency.
(H) Conduit.
(1) The town shall not be responsible for any cuts or damage to buried or underground facilities of a grantee that are not clearly marked or cannot be located through the state “one-call” service.
(2) Grantee shall provide the town detailed strand and trench maps in both paper and a mutually agreed upon electronic format of all new underground and buried cable facilities upon activation of the sections of the system.
(3) Grantee shall provide a contact number for the town to call in emergency situations requiring an immediate response on the part of the town. If the grantee does not properly and effectively identify the precise location of its facilities within 45 minutes of an emergency call from the town, the town shall not be responsible for damage to the grantee’s facilities.
(I) Clearing poles and cables. Grantee shall have the right to remove, trim, cut and to keep clear of its poles, cables, underground conduits and related equipment the trees in and along the public rights-of-way, but, in the exercise of that right, grantee shall not cut the trees to any greater extent than is reasonably necessary for the construction, erection, installation, maintenance and use of cable system equipment. Except in emergency situations, grantee shall not remove, trim or cut the trees from any public rights-of-way without first providing reasonable notice to the town of its intention to do so, the notice to be delivered not less than ten days in advance. The grantee shall compensate the town or any private owners of the trees for any damage proximately caused by grantee’s negligent conduct.
(J) Moving facilities. Grantee, on the request of the town, or any person holding a building permit issued by the town, or any permit issued by an appropriate state agency, shall temporarily move its wires, cables, poles or other cable system facilities to permit the moving of large objects, vehicles, buildings or other structures. The expense of these temporary moves shall be paid to grantee by the person requesting the same and grantee shall have the authority to require payment in advance. Grantee shall be given not less than 30 days’ advance notice to arrange for these temporary moves.
(K) Work performed by others. To the extent applicable, all provisions of this chapter shall apply to any subcontractors or others performing any work or services pursuant to the provisions of a franchise agreement on behalf of a grantee.
(L) Liability. Nothing contained in this chapter shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring grantee’s facilities while performing any work connected with grading, re-grading or changing the line of any public rights-of-way or with the construction of any sewer or water system or utility system.
(Ord. eff. 10-8-2001)