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The franchisee shall be diligent in obtaining a certificate of compliance from the FCC. The franchisee shall provide the town with copies of all filings with the FCC or any other agency or person in connection with the application and shall complete formal submission of all documents required by the FCC for its full consideration of the application for the certificate of compliance no later than four months after the effective date of the franchise agreement.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
(A) 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 Electrical Code state and local electrical 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.
(B) All installations shall be underground in those 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 the 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 Board that underground installation, even when not required, is preferable to the placement of additional poles.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
(A) 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.
(B) The franchisee shall obtain permission from the Board of Alderpersons before erecting any new poles or underground conduits, where none exist at the time the franchisee seeks to install his or her network.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
(A) A franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place or 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.
(B) 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 the 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 the 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.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
The Board of Alderpersons may require any part or all of the system to be improved or upgraded (including, without limitation, the increasing of channel capacity and the furnishing of two-way transmissions), if a reasonable need is found therefor after a public hearing has been called for that purpose and may order the improvement or upgrading of the system to be effected 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, § 4.1-14) (Ord. passed 9-19-1979)
The franchisee’s distribution system in the public roads shall comply with all applicable laws, regulations and ordinances and all of its wires and cables suspended from poles in the roads shall comply with the minimum clearances aboveground required for telephone lines, cables, wires and conduits.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
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 of its facilities and furnish copies of the maps and records as requested by the Board of Alderpersons pursuant to § 110.108. 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.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
Should any subscriber wish to have underground service in any area normally provided service via overhead (aerial) construction, the subscriber requesting the underground service shall pay all costs attendant to underground construction plus10%, less the normal costs of the equivalent overhead installation, if the overhead service does not exist to the subscriber’s residence.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
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