(A) The grantee shall at all times employ ordinary care and shall install and maintain devices or systems for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
(B) The grantee shall install and maintain its wire, cable, fixtures, and other equipment so as not to interfere with the equipment of any utility of the village, or any other entity lawfully and rightfully using the conduit, pole, subway, or other part of the right-of-way.
(C) The cable television system shall at all times conform to the construction and maintenance standards set forth in the grantee's bid and to the standards set forth below.
(1) Methods of construction, installation, and maintenance of the village's cable television system shall comply with the most current edition of the National Electrical Safety Code to the extent that such code is consistent with local law affecting the construction, installation, and maintenance of electric supply and communications lines. To the extent that such code is inconsistent with other provisions of this franchise or with local law, the latter shall govern.
(2) Any tower constructed for use in the village's cable television system shall comply with the standards contained in Structured Standards for Steel Antenna Towers and Antenna Supporting Structures, EIE Standards RS-222-A as published by the Engineering Department of the Electronic Industries Association, 2001 Eye Street, N.W., Washington D.C. 20006.
(3) Installation and physical dimensions of any tower constructed for use in the village's cable television system shall comply with all appropriate Federal Aviation Agency regulations, including, but not limited to, “Objectives Affecting Navigable Airspace,” 14 C.F.R. 77.1 et seq., February 1965.
(4) Any antenna structure in the village's cable television system shall comply with “Construction, Marking and Lighting of Antenna Structure,” 48 C.F.R. 17.1 et seq., September 1967.
(5) All working facilities and conditions used during construction, installation, and maintenance of the village's cable television system shall comply with the standards of the Occupational Safety and Health Administration.
(6) Each cable distribution system on the public streets shall comply with all applicable laws and ordinance and governmental regulations regarding clearances above ground.
(7) The grantee shall at all times use ordinary care, and shall install and maintain in use, commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisance to the public.
(8) The grantee shall construct and operate the system and related facilities in accordance with all generally accepted related industry codes, standards, and recommendations, that are applicable.
(D) All conductors, cables, towers, poles, and other components of the system shall be located and constructed by the grantee in back of street curbs so as to provide minimum interference with access by adjoining property owners to the streets and public ways nor shall any pole or other fixtures of the grantee placed in the public way interfere with the usual travel in such public way.
(E) Neither the grantee, its officers, nor its employees shall engage in the business of selling, leasing, repairing, or installing television receivers, radio receivers, or accessories for such receivers within the village during the term of this franchise. This division shall not preclude the selling, leasing, repair, or installation of such converters or other devices as may be necessary to render the subscriber's receiver capable of receiving all channels of the cable television system.
(1995 Code, § 112.14) (Ord. 79-O-20, passed 7-9-1979)