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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)
The franchisee shall maintain an office that is open during all business hours, has a publicly listed telephone number and is so operated that complaints and requests for repairs or adjustments may be received on a 24-hour basis. The franchisee shall have a resident manager and engineer and shall have office, marketing, technical and studio staffs professionally trained in the cable communications industry.
(Prior Code, § 4.1-16) (Ord. passed 9-19-1979)
(A) Whenever it is necessary to interrupt service to subscribers for the purpose of maintenance, alteration or repair, the franchisee shall make every effort to do so at a time that will cause the least amount of subscriber inconvenience and unless the interruption is unforeseen and immediately necessary, the franchisee shall give reasonable advance notice thereof to the affected subscribers.
(Prior Code, § 4.1-17)
(B) The franchisee shall provide a service force seven days a week for all complaints and requests for adjustments. The force shall be capable of responding to subscriber complaints within 24 hours of receipt of the complaint. Total loss of service attributable to the cable system shall be cleared within 24 hours, except to the extent that restoration of service is prevented by strikes, fires, injunction or other cause beyond the franchisee’s control.
(Prior Code, § 4.1-18)
(Ord. passed 9-19-1979)
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