A. 
Authorization to commence construction and application procedures. Within 30 days after acceptance by the grantee of a franchise, the grantee shall apply for any needed contracts for pole use. Pole space and other facilities obtained from the town, utilities and other lawful users of the public way shall be at the cost and expense of the grantee. Within 30 days after completion of the make-ready survey identifying the routes of the system facility, the grantee shall apply for all additional licenses from the state, town or other necessary parties, such as the railroads for crossing under or over their property. In any event, all necessary applications for permits, licenses, certificates and authorizations shall be applied for in a timely fashion so that such filing and processing shall not interfere with or cause delay with the construction scheduled as outlined in the franchise. Failure to make such timely application and timely filing shall constitute a substantial violation of this chapter.
B. 
Power to contract. Upon grant of the franchise and in order to construct, operate and maintain a cable system in the town, the grantee may enter into contracts with any public utility companies or any other owner or lessee of any poles or underground areas located within or without the town; obtain right-of-way permits from appropriate town, state, county and federal officials necessary to cross or otherwise use highways or roads under their respective jurisdiction; obtain permission from the federal aviation administration to erect and maintain antennas; and obtain whatever other permits a town, county, state or federal agency may require.
A. 
Compliance with construction and technical standards. The grantee shall construct, install, operate and maintain its system in a manner consistent with all laws, local laws, construction standards, governmental requirements, FCC technical standards and detailed technical standards submitted by the grantee as part of its application, which standards are incorporated by reference herein. The system shall be designed, constructed, operated and maintained for twenty-four-hours-a-day continuous operation. The system shall produce, for reception on subscribers' receivers which are in good working order, either monochrome or color pictures (provided that the receiver is color capable) which are free from any significant interference or distortion which would cause any material degradation of video or audio quality.
B. 
State of the art. The grantee shall construct, install, operate and maintain its system in accordance with the highest standards of the art of cable communications, such standards to include but not be limited to the following:
(1) 
The system will be spaced to permit a minimum of 750 MHz operation and will be capable of utilizing state-of-the-art converters and be compatible with cable-ready television sets.
(2) 
The system will utilize converters which will make the system adaptable for the development of future services.
(3) 
The grantee shall maintain its system facilities in a manner which will continue to enable it to add new services and associated equipment as they are developed, available and proved marketable to subscribers. The new services and associated equipment will be added to the system facilities when they are determined to be technically reliable and adaptable to the system at a cost to the subscriber that is acceptable in the marketplace.
C. 
Prior to the erection of any towers, poles or conduits or the upgrade or rebuild of the cable communications system under this chapter, the grantee shall first submit to the town and other designated parties 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 rebuilds or upgrading of the cable communications system shall be commenced by any person until approval therefor has been received from the town, provided, further, that such approval shall not be unreasonably withheld.
D. 
Contractor qualifications. Any contractor proposed for work of construction, installation, operation, maintenance and repair of system equipment must be properly licensed. In addition, the grantee shall submit to the town a plan to hire persons locally for the construction, installation, operation, maintenance and repair of the system equipment consistent with federal regulations.
E. 
The grantee's system and associated 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 adjoin any of said streets, alleys or other public ways and places. No pole or other fixtures placed in any public ways by the grantee shall be placed in such a manner as to interfere with normal travel on such public way.
F. 
The town does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In public rights-of-way, where necessary, the location shall be verified by excavation.
G. 
Construction, installation, operation and maintenance of the cable communications system shall be performed in an orderly and workmanlike manner, in accordance with then current technological standards. All cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
H. 
The grantee shall at all times comply with the following:
(1) 
National Electrical Safety Code (National Bureau of Standards).
(2) 
National Electrical Code (National Bureau of Fire Underwriters).
(3) 
Bell System Code of Pole Line Construction.
(4) 
Applicable FCC or other federal, state and local regulations.
(5) 
Standards as set forth in the franchise.
I. 
In any event, the system shall not endanger or interfere with the safety of persons or property in the franchise area or other areas where the grantee may have equipment located.
J. 
Any antenna structure used in the cable communications system shall comply with construction, marking and lighting of antenna structure standards as required by federal and state law or regulation.
K. 
All worker facilities, conditions and procedures that are used during construction, installation, operation and maintenance of the cable system shall comply with the standards of the Occupational Safety and Health Administration.
L. 
RF leakage shall be checked at reception location for emergency radio services to prove measurable interference signal combinations are possible. Stray radiation shall be measured adjacent to any proposed aeronautical navigation radio sites to prove no measurable interference to airborne navigational reception in the normal flight pattern. FCC rules and regulations shall govern. The system shall cause no measurable interference in television signal reception to any operating receiver not connected to and serviced by the system.
M. 
The grantee shall maintain equipment capable of providing standby power for a minimum of 24 hours for the head end and three hours for all optical fiber node locations on the distribution system.
The franchise shall specify the construction schedule.
A. 
All installations shall be underground in those areas of the town where public utilities providing telephone and electric service are underground at the time of installation. In areas where telephone or electric utility facilities are above ground at the time of installation, the grantee may install its service above ground, provided that, at such time as those facilities are required to be placed underground by the town or are placed underground, the grantee shall likewise place its services underground without additional cost to the town or to the individual subscriber so served with the town. Where not otherwise required to be placed underground by this chapter or the franchise, the grantee's system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable passing under the roadway shall be installed in conduit.
B. 
Prior to construction or alteration, however, the grantee shall in each case file plans with the appropriate town agencies, complete use agreements with the utility companies, obtain all construction permits and receive written approval of the town before proceeding, which approval shall not be unreasonably withheld.
C. 
Interference with persons, improvements, public and private property and utilities. The grantee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall:
(1) 
Not endanger or interfere with the health, safety or lives of persons.
(2) 
Not interfere with any improvements that the town, county or state may deem proper to make.
(3) 
Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair.
(4) 
Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair.
(5) 
Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the town.
D. 
Restoration to prior condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the town, replace and restore all paving, sidewalk, driveway, landscaping or surface of any street or alley disturbed, in as reasonably good a condition as, or better than, before said work was commenced and in a good workmanlike, timely manner in accordance with standards for such work set by the town. Such restoration shall be undertaken within no more than 10 business days after the damage is incurred and shall be completed as soon as possible thereafter.
E. 
Relocation of the facilities. In the event that, at any time during the period of the franchise, the town, county or state shall lawfully elect to alter or change the grade of any street, alley or other public ways, the grantee, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
F. 
Cooperation with building movers. The grantee shall, on the request of any person holding a building moving permit issued by the town, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, 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 15 working days' advance notice to arrange for such temporary wire changes.
G. 
Tree trimming. The grantee shall have the authority, except when in conflict with existing town local laws, to trim any trees upon and overhanging public rights-of-way so as to prevent the branches of such trees from coming in contact with system facilities, except that, at the option of the town, such trimming may be done by it or under its supervision and direction, at the expense of the grantee.
H. 
Easements. All necessary easements over and under private property shall be arranged for by the grantee.
I. 
Private property. The grantee shall be subject to all laws, local laws or regulations regarding private property in the course of constructing, installing, operating or maintaining the cable communications system in the Town of Ossining. The grantee shall promptly repair or replace all private property, both real and personal, damaged or destroyed as a result of the construction, installation, operating or maintenance of the cable communications system at its sole cost and expense.
A. 
No poles shall be erected by the grantee without prior approval of the town with regard to location, height, types and any other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall give rise to a vested interest, and such poles or structures shall be removed or modified by the grantee at its own expense whenever the town determines that the public convenience would be enhanced thereby.
B. 
Where poles already exist for use in serving the town are available for use by the grantee, but it does not make arrangements for such use, the town may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.
A. 
Within 30 days of the granting of a franchise pursuant to this chapter, the grantee shall provide the town with a written progress report detailing work completed to date. Such report shall include a description of the progress in applying for any necessary agreements, licenses or certifications and any other information the Town Supervisor may deem necessary. The content and format of the report will be determined by the Town Supervisor and may be modified at his/her discretion.
B. 
Such written progress reports shall be submitted to the town on a monthly basis throughout the entire construction process. The Town Supervisor may require more frequent reporting if he/she determines it is necessary to better monitor the grantee's progress.
C. 
Prior to the commencement of any system construction, the grantee shall produce an informational document to be distributed to all residents of the area to be under construction, which shall describe the activity that will be taking place. The informational document shall be reviewed and approved by the Town Supervisor prior to its distribution.
A. 
Not later than 30 days after any new or substantially rebuilt portion of the system is made available for service to subscribers, and thereafter on the annual anniversary of the effective date of the franchise, the grantee shall conduct technical performance tests to demonstrate full compliance with all technical standards contained in this chapter and the franchise and the technical standards and guidelines of the FCC and the Commission.
B. 
Such tests shall be performed by or under the supervision of a qualified registered professional engineer or an engineer with proper training and experience. A copy of the report shall be submitted to the town, describing test results, instrumentation, calibration and test procedures and the qualification of the engineer responsible for the tests.
C. 
System monitor test points shall be established at or near the output of the last amplifier in the longest feeder line, at or near trunk line extremities. Such periodic tests shall be made at the test points as shall be required by the FCC and/or the franchise.
D. 
In addition to the performance test reports required herein, a copy of any performance test reports required by the FCC shall be submitted to the town within 60 days of completion.
E. 
Whenever there have been similar complaints made or when there exists other evidence which, in the judgment of the town, cast doubt on the reliability or quality of the grantee's system, the town shall have the right and authority to compel the grantee to test, analyze and report on the performance of its system. The town may require additional tests, full or partial repeat tests, different test procedures or tests involving a specific subscriber's terminal. Reports on such tests shall be delivered to the town no later than 14 days after the town formally notifies the grantee and shall include the following information: the nature of the complaints which precipitated the special tests; what system component was tested; the equipment used and procedures employed in said testing; the results of such tests; and methods by which said complaints were resolved. Said tests and analyses shall be supervised by a professional engineer not on the permanent staff of the grantee, who shall sign all records of the special tests and forward the same to the town with a report interpreting the results of the tests and recommending what actions should be taken by the town. All such tests shall be at the expense of the grantee.