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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)
(A) grantee shall not transfer ownership of this franchise to any other person without prior approval of the Town Council by ordinance.
(B) grantee may hypothecate its interest in this franchise for the purpose of obtaining financing. Any change of ownership resulting from any such hypothecation shall not become absolute until approved by the town and until the new owner’s acceptance of this franchise and all of the rights and obligations hereunder.
(Ord. 95-04, passed 2-14-95)
Copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to this franchise shall be maintained by the grantee and, upon request, be submitted to the Town Council.
(Ord. 95-04, passed 2-14-95)
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