(A) Public streets and ways. For the purpose of operating and maintaining a cable communications system in the town, the grantee may erect, install, construct, repair, replace, reconstruct, and/or retain in, on, over, under, upon, across, and along the public streets and ways within the town the wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary to the operation of the cable communications system; provided, however, that the grantee complies with all design, construction, safety, and performance provisions contained in this chapter, the franchise agreement and other applicable regulations.
(B) Town facilities. At the town’s option, the town may require a grantee to utilize town-owned conduit or other facilities for any portion of its cable communications system which is being newly constructed or rebuilt. The consideration, if any, for the use of town conduit or other facilities shall be as stated in the franchise agreement. A reasonable fee, if any, for the use of town facilities established in the franchise agreement may be adjusted at the periodic performance evaluations.
(C) Grantee facilities. No poles shall be erected by the grantee without prior approval of the town and Murphy Electric Power Board with regard to location, height, type, and any other pertinent aspect. However, no location of any pole of the grantee shall be a vested right, and the poles shall be removed or modified by the grantee at its own expense whenever the town determines that the public convenience would be enhanced thereby. The grantee shall utilize existing poles and conduits, where possible if approved by the Murphy Electric Power Board. The town shall have the right, during the life of the franchise, to install and maintain upon the poles owned by the grantee, at fair market value, any wire and pole fixtures that do not unreasonably interfere with the cable system operations of the grantee.
(Ord. passed 10-13-1998) Penalty, see § 111.999