(a) Cable Television System.
(1) Company shall operate, maintain, construct and extend the Cable Television System to provide high quality signals and reliable service throughout all parts of the City. The Cable Television System, and all construction and maintenance thereof, shall meet or exceed any and all technical performance standards of the FCC, the National Electrical Safety Code, the National Electric Code, and any other generally applicable federal laws and the laws, ordinances and construction standards of the Commonwealth of Pennsylvania and the City.
(2) The Cable Television System shall have minimum operating capability of 750 Mhz, with two-way capability. The system shall be a hybrid fiber/coax distribution, utility fiber optic trunk and coaxial cable for feeder lines and house drops with accompanying optical transmitters, receivers and amplifiers. The Cable Television System shall be capable of continuous twenty-four (24) hour daily operation, without severe material degradation of signal, except during extremely inclement weather or immediately following extraordinary storms that adversely affect utility services or damage major system components.
(b) State of the Art.
(1) The Company shall provide technological improvements to the cable system necessary to give the cable system the capability of offering new or expanded services then being offered by at least thirty percent (30%) of cable systems in the nation comparable in size to Company’s cable system serving the City. Nothing in this Section shall be deemed to prohibit Company from upgrading its system with any cable television technology at its own discretion.
(2) The Company’s obligation to provide technological improvements shall also be subject to the requirement that such improvements are economically feasible. Economically feasible means that the Company will have a reasonable prospect of earning a reasonable return on its investment in the cable system after installation of equipment for the provision of such technological improvements, such reasonable return to be considered in light of the benefit of the technological changes to the subscribers, provided that the Company shall not be required to provide such improvements if there is no likelihood of a reasonable return on its investment.
(c) Area to be Served.
(1) Service shall be provided to every dwelling occupied by a person requesting cable service provided that Company is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621 (a) (2) of the Cable Communications Policy Act of 1984. Company shall not be obligated to provide service to a customer who is or has been delinquent in payment.
(2) Installation costs shall conform to the 1992 Cable Consumer Protection Act and regulations there under. Any dwelling unit within one hundred fifty feet (150 ft.) aerial or one hundred fifty feet (150 ft.) underground of the cable plant shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred fifty feet (150 ft.) aerial or underground, Company shall extend cable service at a rate not to exceed Company’s actual cost of installation from its main distribution system.
(3) Provided Company has at least forty-five (45) days prior written notice concerning the opening of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install its cable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits within a comparable time frame.
(d) Maintenance and Repair.
(1) The distribution facilities of Company shall be at all times maintained in good and safe way and condition and shall be constructed and maintained so as not to interfere with television reception by inhabitants of the City not using Company’s services.
(2) In the maintenance and operation of its cable television transmission and distribution system in the City and in the course of construction or addition to its facilities, the Company shall proceed so as to cause the least possible inconvenience to the general public and any opening or obstruction in the streets or other public places made by the Company in the course of its operations shall be guarded and protected at all times by the placement of adequate barriers, fencings or boardings, the bounds of which during the periods of dusk and darkness shall be designated by warning lights of approved types.
(3) Whenever the Company shall take up or disturb any pavement, sidewalk or other improvement of any street, avenue, alley, highway or other public place, the same shall be replaced and the surface restored in as good condition as before entry as soon as practicable without unnecessary delay.
(4) The location of any poles, anchors, wires, cables, conduit, vaults, laterals and other fixtures, or the erection, laying or removal of same, shall not interfere unreasonably with ordinary travel and/or the use of the streets, alleys, bridges, public ways or electrical installations of the City.
(5) Upon written notice from the City, Company shall remedy a safety deficiency within forty-eight (48) hours of receipt of written notice and shall notify the City when the deficiency has been corrected.
(e) Permits. Company shall apply to the City for all required permits and shall not undertake any construction without receipt of such permits, issuance of which shall not be unreasonably withheld or delayed by the City. Company shall pay any and all required permit fees. This section is not intended to require permits for normal repair and maintenance of the Cable Television System that does not involve disturbance of paved surfaces or excavation in the public rights-of-way.
(f) Relocation of Cable Television System.
(1) The rights and privileges granted herein to Company shall not be in hindrance to the right of the City or other governmental agency having jurisdiction, to perform or carry on any public works or public improvement. Should the Company’s Cable Television System interfere with any construction or repair by the City of public works or improvements, the Company shall, at its own expense, protect or relocate its Cable Television System or part thereof, as directed by City. If funds are available to compensate Company for such relocation then the Company shall not be required to relocate its Cable Television System or part thereof at its own expense.
(2) The Company shall, at the expense of any Person other than the City requesting said temporary relocation, temporarily raise, lower or remove its wires to permit the improvement of property. In such event, the Company shall be given not less than fourteen (14) days advance written notice to arrange for the temporary wire changes.
(g) Overhead and Underground Construction. The Company shall be permitted to place its cable wires or other equipment overhead when local or state law permits overhead or when other like facilities are overhead. If all other facilities are underground, the Company will place its cable and wires underground.
(h) Clear Access Ways.
(1) The Company may trim trees or other vegetation within the Streets and Rights-of-Way of the City to prevent their branches or leaves from touching or otherwise interfering with its wires, cables or other structures. The Company shall obtain permission of the owner of any private land, tree or other vegetation before it trims or prunes the same, unless otherwise permitted by the Right-of-Way agreement.
(2) Except in cases of emergency (e.g., severe weather, acts of God, or other emergency conditions outside the control of Company), any trimming, cutting, removing, or planting trees located in the public rights-of-way shall only be performed pursuant to Sections 913.04 and 913.05 of the Consolidated Ordinances of the City of York and under the exclusive supervision and control of the City. Company shall obtain any and all permits required by ordinance prior to performing any trimming, cutting, removing, or planting trees.
(3) Company’s violation of Section 913.99 may result in the imposition of fines as contained therein.
(i) Emergency Power. The Cable Television System shall incorporate equipment capable of providing standby power to the headend and the Cable Television System for a minimum of two hours upon failure of the power furnished by the power company.
(j) Emergency Override. The Cable Television System shall incorporate emergency audio override capabilities in compliance with the applicable FCC rules, for use in the event of an emergency or vital public information situation. The PEG access channel will be available for transmission by an alphanumeric character generator.
(k) Pole Attachments.
(1) The poles and posts used for the Company’s Cable Television System lines shall be those erected by the Company or by such other Persons, firms or corporations.
(2) The City shall have the right, where aerial construction exists, during the life of this Franchise, free of charge (but at its expense for construction), of maintaining upon the poles of the Company within the City limits such wire and pole fixtures as are necessary for a police and fire alarm system, such wires and fixtures to be erected and maintained to the satisfaction of the Company. The City, in its use and maintenance of such wires and fixtures, shall at all times comply with the rules and regulations of the Company so that there may be a minimum danger of contact or conflict between the wires and fixtures of the Company and the wires and fixtures used by the City.
(Ord. 11-2005. Passed 2-15-05.)