(A) It is the policy of the town to require construction of cable systems designed to serve subscribers in an area licensed by the town as rapidly and expeditiously as possible. The licensee shall diligently pursue and obtain all necessary permits from the appropriate governmental agencies, utility companies, and others as necessary to comply with the provisions of this chapter and other federal, state and town laws, codes, ordinances and resolutions.
(B) A cable system shall be constructed pursuant to a construction timetable specified in the license agreement.
(C) The town may require licensee to report on construction progress and provide information showing how the construction schedule is being met.
(D) Prior to commencement of construction of the system, the licensee shall provide the technical specifications, in adequate detail, to be utilized in the construction of the proposed cable system. At such time that the licensee applies for a permit to construct a portion of the system, the licensee shall submit to the Public Works Department, a detailed site plan or map showing the proposed location of that portion of the system and the relationship of that portion of the system to all existing roadway systems, with sufficient information for the Public Works Department to issue the right-of-way permit, and to inspect the work being performed in the public easements and public rights-of-way. Upon completion, the applicant shall file “as-built” plans with the town in both hard copy and, if requested by the town, electronic mapping format compatible with the town's current electronic mapping format, to the extent that the provider has such capability, showing the detailed location of all underground cable plant and active electronics, including but not limited to, all transmitting and receiving pickup locations, the fiber and coaxial plant, and coaxial amplifiers and pedestal locations.
(E) A licensee must use, with the owner's permission, existing poles, conduits or other facilities whenever possible. Copies of agreements for use of poles, conduits or other facilities must be filed with the town as required by the license agreement.
(F) All transmission lines, equipment and structures, including poles, shall be installed and located to cause minimum interference with the rights and reasonable convenience of property owners.
(G) Suitable safety devices and practices as required by local, town, state and federal laws, regulations, and permits must be used during construction, maintenance, and repair of a cable system.
(H) A licensee must remove, replace, or modify at its own expense, any of its facilities in a public right-of-way when the town requires it to do so, to allow the town to change, maintain, repair or improve a public thoroughfare as long as such requirement also applies to all other utilities including telephone electric and gas.
(I) The licensee must put the cable underground at its expense on streets and roads where both electrical and telephone utility wiring are underground, and must move the cable underground after initial installation when electrical and telephone utility wiring are moved underground. The licensee must put the cable underground between a street or road and a subscriber's residence if both electrical and telephone utility wiring are underground. A licensee may install aerial cables if either electric or telephone utility underground installation is unavailable and licensee agrees to pay any additional costs for licensees permits for such aerial installation.
(J) A licensee must obtain any required permits before starting construction work on public and private property and must restore the public and private property to their former condition after construction is completed. The town, or private property owner may, after prior written notice to the licensee, repair any damage done by the licensee at the licensee's expense if restoration is not satisfactorily performed within a reasonable time.
(K) Subject to the supervision and direction of the town, a licensee may trim trees within public rights-of-way at its own expense as necessary to protect its wires and facilities. A licensee may trim trees on private property with the consent of the property owner.
(L) At the request of any person holding a valid building moving permit and upon sufficient notice, the licensee must temporarily raise, lower or cut its wires as necessary to facilitate a move. The direct expense of these temporary changes, including standby time, must be paid by the permit holder. The licensee may require payment in advance.
(M) Co-location and joint trenching:
(1) Licensee shall cooperate with other communications providers in making available its signal distribution capabilities if another operator or the town should so request. The expense of labor and material to effectuate such juncture shall be the responsibility of the party requiring such services, who shall indemnify and hold harmless the furnishing licensee from all damages and liabilities whatsoever stemming from the requesting licensee's use thereof.
(2) Licensee shall cooperate with the town and all other persons with authority from the town to occupy and use the public rights-of-way in the coordination and construction activities and joint-trenching projects, and shall provide the town with a proposed construction schedule in, around or that may affect the public rights-of-way. The Town Engineer shall coordinate all construction locations, activities, and schedules to minimize public inconvenience, disruption, or damage to the public rights-of-way of the town.
(3) A licensee shall utilize, after obtaining the owner's permission, existing poles, conduits or such other facilities whenever feasible and shall make its own facilities available for other licensees or other users of the streets on reasonable terms. Nothing in this section, however, shall be interpreted as to grant the right to use any existing easement or to utilize any poles, conduits, easements, or other facilities without the owner's permission. Underground streets, sidewalk and driveway crossings not using existing conduits shall be bored unless specific town approval is received. A copy of written authorization for any licensee to use facilities other than their own shall be made available for review with the town within five business days after the request. The licensee may install its own poles only when approved by the town and then subject to whatever reasonable terms and conditions the town requires.
(Prior Code, Ch. 18, Art. V, § 18-316) (Ord. 343-04, passed 6-21-2004; Ord. 366-05, passed 3-7-2005)