(a) System Construction Schedule. The franchisee shall specify the construction schedule.
(b) Construction Standards.
(1) The construction, operation, maintenance, and repair of the cable system shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, the National Electrical Safety Code, the National Electric Code, other applicable federal, state, or local laws and regulations that may apply to the operation, construction, maintenance, or repair of a cable system, including, without limitation, local zoning and construction codes, and laws and accepted industry practices, all as hereafter may be amended or adopted.
(2) All installation of electronic equipment shall be of a permanent nature, using durable components.
(3) Without limiting the foregoing, antennas and their supporting structures (towers) shall be painted, lighted, erected, and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state or local laws, codes, and regulations, all as hereafter may be amended or adopted.
(4) Without limiting the foregoing, all the franchisee's plant and equipment, including, but not limited to, the antennae site, head-end and distribution system, towers, house connections, structures, poles, wires, cable, coaxial cable, fiber optic cable, fixtures, and apparatuses shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained, and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements the Borough shall deem appropriate to make or to interfere in any manner with the rights-of-way or legal rights of any property owner or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
(5) The franchisee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(6) Any and all streets, public property, or private property which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance, or construction of the system shall be promptly repaired by the franchisee at its expense.
(7) A franchisee shall, at its expense, and by a time specified by the Borough, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the Borough by reason of traffic conditions, public safety, street construction, street resurfacing or widening, change of street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of municipal, public utility improvements, street vacation, or for any other purpose where the convenience of the Borough would be served thereby; provided, however, that the franchisee shall, in all such cases, have the privilege of abandoning any property in place. The Borough shall reimburse a franchisee under this subsection to the same extent that it reimburses telephone, electric and other like companies for such disconnection, relocation or removal.
(8) If any removal, relaying, or relocation is required to accommodate the construction, operation, or repair of the facilities of another person that is authorized to use the public streets, a franchisee shall, after 30 days' advance written notice, take action to effect the necessary changes requested by the responsible entity. The Borough may resolve disputes as to responsibility for costs associated with the removal, relaying, or relocation of facilities as among entities authorized to install facilities in the public streets if the parties are unable to do so themselves.
(9) In the event of an emergency, or where a cable system creates or is contributing to an imminent danger to health, safety, or property, the Borough may remove, relay, or relocate that cable system without prior notice. When possible, the Borough will make reasonable efforts to notify the franchisee and give the franchisee reasonable opportunity to cure.
(10) A franchisee shall, on the request of any person holding a building moving permit issued by the Borough, 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 same, and the franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the Borough, in which case no such payment shall be required. The franchisee shall be given not less than five calendar days advance notice to arrange for such temporary wire changes.
(11) A franchisee shall have the authority to trim trees that overhang a street of the Borough so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee. Such trimming must be done under the supervision and direction of the Borough, but at the expense of the franchisee.
(12) A franchisee must use existing underground conduits or overhead utility facilities whenever feasible and may not erect poles or place equipment in public rights-of-way without notification to the Borough at least 48 hours prior to the installation. Copies of agreements for use of conduits or other facilities shall be filed with the Borough.
(13) On streets where electrical and Telephone utility wiring is located underground, either at the time of initial construction of a cable system or at any time thereafter, a franchisee's cable shall also be located underground at the franchisee's expense. Between a street and a subscriber's residence, a franchisee's cable must be located underground if both electrical and telephone utility wiring are located underground. If either electric or telephone utility wiring is aerial, a franchisee may install aerial cable, except where a property owner or resident requests underground installation and agrees to bear the additional cost of such installation over and above the cost of aerial installation. In the event the telephone or electric utilities are reimbursed by the Borough for the placement of cable underground or the movement of cable, the franchisee shall be reimbursed on the same terms and conditions as the telephone or electric utilities.
(14) All wires, cable lines, and other transmission lines, equipment, and structures shall be installed and located to cause minimum interference with the rights and convenience of property owners. The Borough may issue such rules and regulations concerning the installation and maintenance of a cable system installed in, on, or over the streets, as may be consistent with this chapter and the franchise agreement. The Borough shall have the right to install and maintain free of charge upon the poles owned by the franchisee any wire and pole fixtures that do not unreasonably interfere with the cable system operations of the franchisee.
(15) All safety practices required by law shall be used during construction, maintenance, and repair of a cable system. A franchisee shall not place facilities, equipment, or fixtures where they will interfere with any gas, electric, telephone, water, sewer, or other utility facilities, or obstruct or hinder in any manner the various utilities serving the residents of the Borough of their use of any street or any other public right-of-way.
(16) Prior to erection of any towers, poles, or conduits or the construction, upgrade, or rebuild of a system authorized under this chapter, the franchisee shall first submit to the Borough and other designated parties in accordance with applicable municipal ordinances, for approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if required, together with a map and plans indicating the proposed location of all such facilities. No erection or installation of any tower, pole, underground conduit or fixture, or any with a map and plans indicating the proposed location of all such facilities. No erection or installation of any tower, pole, underground conduit, or fixture or any rebuilds or upgrading of the cable communications system shall be commenced by any person until such approval therefor has been received from the Borough.
(17) Any contractor proposed for work or construction, installation, operation, maintenance, or repair of system equipment shall meet the performance standards and be insured and bonded in accordance with the standards of the franchisee.
(18) In the event the use of any part of a cable system is discontinued for any Reason for a continuous period of 12 months, or in the event such system or property has been installed in any street without complying with the requirements of this chapter or a franchise agreement, or the franchise has been terminated or canceled or has expired, the franchisee, within 30 days after written notice by the Borough, shall commence removal from the streets of all such property as the Borough may require.
(19) The Borough may extend the time for the removal of abandoned facilities for a period not to exceed 180 days.
(20) In the event of such removal or abandonment, the franchisee shall restore the area to a condition satisfactory to the Borough.
(c) Publicizing Proposed Construction Work. A Franchisee shall publicize significant proposed construction work at least one week prior to commencement of that work by causing written notice of such construction work to be delivered to the Borough Manager and by notifying those persons most likely to be affected by the work in at least two of the following ways: by telephone, in person, by mail, by distribution of flyers to residences, by publication in local newspapers, or in any other manner reasonably calculated to provide adequate notice. In addition, before entering onto any person's property, the franchisee shall make reasonable efforts to contact the property owner or (in the case of residential property) the resident at least two days in advance. If the franchisee must enter premises, it must make reasonable efforts to schedule an appointment at the convenience of the owner or resident.
(Ord. 920. Passed 7-14-97; Ord. 938. Passed 7-12-99.)