§ 111.05  USE OF ROADS, HIGHWAYS AND DEDICATED EASEMENTS.
   (A)   The grantee shall have the right to use the roads, highways and dedicated easements of the town for the construction, operation and maintenance of CATV system, subject to the terms and conditions of this chapter and the franchise agreement entered into pursuant hereto.
   (B)   The grantee, at its own cost, shall have the right pursuant to the provisions of this chapter or the franchise agreement entered into pursuant thereto, to construct, erect, suspend, install, renew, maintain and otherwise own and operate throughout the territory in, upon, along, across, above, over and under the highways, roads, easements, public ways and public places as now laid out or dedicated and all extensions thereof and additions thereto in the territory, a system of poles, wires, cables, underground conduits, ducts, trenches, conductors, amplifying equipment, manhole fittings and any and all other fixtures, appliances and appurtenances necessary for the installation, ownership, maintenance and operation in the territory of the CATV system, either separately or in conjunction with any public utility or other cable company maintaining the same in the territory. This franchise shall further include the right, privilege, easement and authority to construct, erect, suspend, install, lay, renew, repair, maintain and operate the poles, wires, cables, underground conduits, manholes, ducts, trenches, fixtures, appliances, and appurtenances for the purpose of distribution to inhabitants within the territory. Without limiting the generality of the foregoing, the franchise shall and does include the right in, over and upon roads, highways, sidewalks, easements, public grounds and places in the territory for the purpose of installing, erecting, operating or in any way acquiring the use of, as by leasing all poles, lines and equipment necessary to operate a CATV system and the right to make connections to subscribers, the right to repair, replace and enlarge and extend the lines, equipment and connections; provided that the grantee shall utilize the facilities of utilities whenever practicable.
   (C)   The grantee shall have the right to remove, trim, cut and keep clear of its poles, lowers, wires and other overhead appliances and equipment, the trees in and along the streets, alleys and other public places of the territory; provided, however, that in the exercise of the rights, the grantee shall not cut, remove, trim or otherwise injure the trees to any greater extent than is necessary for the installation, maintenance and use of the poles, towers, wires or other overhead appliances.
   (D)   The grantee, in the exercise of any rights granted to it under this chapter or the franchise agreement entered into pursuant hereto, shall at no cost to the town, promptly repair or replace any facility or service of the town which grantee damages, including, but not limited to, any street, alley or other public place, sewer, electric, water, fire alarm, police communication or traffic control, by the exercise of its rights hereunder.
(1991 Code, Title VIII, § 5E)