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(A) The grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions insofar as possible shall be preceded by notice and shall occur during periods of minimum use of the system.
(B) The grantee shall maintain an office or business agent within the toll free telephone area of the town, which shall be available during all usual business hours, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received at any time.
(Ord. 95-04, passed 2-14-95)
The grantee shall receive and distribute television and radio signals which are disseminated to the general public without charge by broadcasting stations licensed by the FCC. All FCC regulations shall be complied with regarding the carriage of the programming of any existing or future televisions broadcasting station which covers the town in its principal broadcasting area.
(Ord. 95-04, passed 2-14-95)
The grantee shall provide a connection to each public building located within 500 feet of its plant within the town upon request by the town and at no cost to it or any public agency. The grantee shall provide similar services without cost to accredited institutions such as private schools, and including parochial or other religious schools; provided, however, that the installation coast of the first 500 feet of such service shall be borne by grantee.
(Ord. 95-04, passed 2-14-95)
In the case of an emergency or disaster, the grantee shall, upon request of the town, make available its facilities to the town for emergency use during the emergency or disaster period. The grantee shall be held harmless from any liability or damage occurring during the town’s emergency use of the grantee’s system as provided in the paragraph which arises as a result of the negligence of officers or agents of the town.
(Ord. 95-04, passed 2-14-95)
(A) The grantee shall not engage in the business of selling, repairing or installing television receivers, radio receivers, or accessories for such receivers within the town during the term of this franchise.
(B) This franchise authorizes the operation of a CATV system as provided for herein, and takes the place of any other franchise, license or permit which might be required by law of the grantee to operate such a business within the town.
(Ord. 95-04, passed 2-14-95)
(A) The grantee shall at all times employ 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 nuisances to the public.
(B) The grantee shall install and maintain its wires, cables and fixtures and other equipment in accordance with the requirements of the National Electric Safety Code and in such manner that they will not interfere with any installations of the town or of a public utility serving the town.
(C) All structures and all lines, equipment and connections in, over, under and upon the streets, sidewalks, alleys and public ways or places of the town, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair.
(D) The grantee shall maintain a force of one or more agents or employees at all times and shall have sufficient employees to provide safe, adequate and prompt service for its facilities.
(Ord. 95-04, passed 2-14-95)
It shall be the policy of the town liberally to amend this franchise, upon application of the grantee, when necessary to enable the grantee to take advantage of any developments in the field of transmission of television and radio signals which will afford it an opportunity more effectively, efficiently or economically to serve its customers; provided, however, that this section shall not be construed to require the town to make any amendment or to prohibit if from unilaterally changing its policy stated herein.
(Ord. 95-04, passed 2-14-95)
(A) All transmission and distribution structures, lines and equipment erected by the grantee within the town shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the said streets, alleys or other public ways and places.
(B) In the event the relocation, construction, reconstruction, maintenance or repair by the town of any street, alley, lanes or other public places, or any of its sewers or gas or water mains, or electric, fire alarm, police communication, or traffic control facilities, or any part thereof, or in the event access to any street, alley, lane or other public place to or from any property of the town is required, and it is necessary to move, alter or relocate, either permanently or temporarily, any of the grantee’s poles, wires, electrical conductors, conduits, subways, man-holes, fixtures, appliances and appurtenances, or any part thereof, in order for the town to relocate, construct, reconstruct, maintain, or repair any such street, alley, or other public place or any such sewer or gas or water main, or electric, fire alarm, police communication or traffic control facility, or any part thereof or to obtain access to or from such property, upon notice from the town the grantee will move, alter or relocate such poles, wires, electrical con-ductor, conduit, subway, manhole, fixture, appliance or appurtenance, or part thereof, may be removed, altered or relocated by the town at the cost of the grantee, and the town shall not be liable to the grantee for damages resulting from such removal, alteration or relocation.
(C) The grantee shall place its cables, wires, or other like facilities underground as may be required by the provisions of law of the state, the ordinances and resolutions of the town, and as they may be amended, any pertinent subdivision restriction, and the applicable section of the National Electric Safety Code, as revised during the life of the franchise. It shall be the policy of the town that the grantee will install its plant or existing pole lines, after obtaining proper authorization from the owner thereof; install its plant underground where all other utilities are underground.
(D) Any poles or other fixtures placed in any public way by the grantee shall be placed in such manner as not to interfere with the usual travel on such public way.
(E) The grantee shall, on the request of any person holding a building moving permit issued by the town temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.
(Ord. 95-04, passed 2-14-95)
The grantee shall not, as to rates, charges, service, service facilities, rules, regulations, or in any other respect, make or grant any undue preference or advantage to any person nor subject any person to prejudice or disadvantage.
(Ord. 95-04, passed 2-14-95)
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