A. At any time an MCS provider (in furtherance of its right to construct, operate, and maintain a multi-channel system), disturbs the yard, residence, or other real or personal property of a subscriber, such MCS provider shall ensure that the subscriber's yard, residence, or other personal property is returned, replaced, and/or restored to a condition that is sufficiently comparable to the condition that existed prior to the commencement of the work.
B. The costs associated with both the disturbance and the return, replacement, and/or restoration shall be borne by the MCS provider. This subsection also requires the MCS provider to reimburse a subscriber or private property owner, for any damage caused by the MCS provider, its subcontractor, or its independent contractor, in connection with the disturbance of a subscriber or private property owner's property.
C. The types of acts specifically included in this Section are the following:
1. removal of a subscriber's sod, lawn, plants, shrubbery, flowers, trees, driveway, or fence to install, trench, repair, replace, remove, or locate cable or other equipment of an MCS provider;
2. installation or removal of cable or other equipment of an MCS provider within a subscriber's residence which requires drilling, excavating, plastering, or the like on the part of the MCS provider;
3. temporarily relocating or moving a piece of personal property or a fixture of a subscriber (such as a motor vehicle, fence, air conditioning or heating unit, or the like), in order to perform some sort of construction, maintenance, or repair on the multi-channel system; or
4. permanently removing an MCS provider's cable or equipment due to either the revocation, termination, or non-renewal of a franchise (if applicable), or the abandonment, withdrawal, or cessation, of multi-channel service to any portion of the City.
D. The requirements imposed upon the MCS provider extend to any subcontractor or independent contractor that the MCS provider might employ to perform the tasks outlined in this Section.
E. In light of the foregoing, an MCS provider has the authority and responsibility to diligently trim trees of a private property owner (including a subscriber), but only to the extent necessary to prevent the branches of the trees from coming in contact with the MCS provider's wires and cables.