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(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)
BUSINESS OPERATIONS
The franchisee shall upgrade its facilities, equipment and service so that its system is as advanced as the current state of production technology will allow. The franchisee shall install additional channel capacity as required to keep channel capacity in excess of demand therefor by users. At all times, the cable system shall be no less advanced than any other system of comparable size and age, excepting only systems which are experimental, pilot or demonstration. The Board of Alderpersons shall order the franchisee to comply with this section in case of specific violations, which it may investigate upon complaint or on its own motion.
(Prior Code, § 4.1-15) (Ord. passed 9-19-1979)
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