Unless a review of future cable- and telecommunications-related
needs and interests (whether conducted prior to issuance of an RFP
or in evaluating an unsolicited proposal) shows that different standards
should apply, every broadband system must at least satisfy the following
requirements.
Any broadband system constructed, upgraded or reconstructed
after the effective date of this chapter at a minimum shall be designed
to meet or exceed the capacity standards of the broadband system with
the greatest capacity then in operation within the County of Chester.
The franchisee shall comply with all FCC standards and requirements
pertaining to converters and cable-ready televisions, as may be amended
from time to time.
The franchisee shall provide the township a full description
of the system proposed for construction and shall, upon completion
of any system modification or upgrade, submit to the township "as
built" maps, in paper and electronic formats compatible with township
requirements, for the entire system, as modified or upgraded, to the
extent such maps have not previously been provided to the township.
A.
The franchisee and the township shall evaluate, at intervals no greater
than once every five years from the date of the franchise agreement,
the feasibility of interconnecting the broadband system with other
broadband systems.
B.
When feasible, the franchisee shall, at the request of the township,
interconnect with other broadband systems.
C.
Nothing herein shall require the franchisee to interconnect with
another broadband system without the permission of such system. All
costs of any interconnection required by this section are external
costs which may be passed through directly to basic subscribers. To
the extent township approval is required for any such basic rate adjustment,
the franchisee shall be under no obligation to perform such interconnection
until such approval is granted.
Unless otherwise specified in a franchise agreement, after broadband
service has been established by activating trunk distribution cable
for an area specified in a franchise agreement, the franchisee shall
provide broadband service to any household requesting such broadband
service within that area, including each multiple dwelling unit in
that area, except for multiple dwelling units to which it cannot obtain
access. At a minimum, the franchisee shall provide such broadband
service within the township whenever there is a minimum of 35 homes
per linear mile into which the system can be extended. This construction
will be completed as soon as possible, but, in any case, within six
months of attainment of said density for aboveground facilities and
within 12 months for underground facilities. The franchisee may apply
to the township for an extension of the time limit not to exceed an
additional six-month period, provided that the franchisee used due
diligence in attempting timely completion and any delay was caused
by circumstances beyond the franchisee's control; in which case
the township's agreement to said extension shall not be unreasonably
withheld. For new residential subdivisions, the franchisee shall install
broadband system facilities in the public right-of-way to be dedicated
to the township concurrent with the installation of other utilities
in the public right-of-way.
A.
Any broadband system within the township shall meet or exceed the
technical standards set forth in 47 CFR 76.601 and any other applicable
technical standards, including any such standards as hereafter may
be amended or adopted by the township.
B.
A franchisee shall not design, install, or operate its facilities
in a manner that will interfere with the signals of any broadcast
station, the facilities of any public utility, the broadband system
of another franchisee, or individual or master antennas used for receiving
television or other broadcast signals.
C.
At the times specified in the franchise agreement or as required
by FCC rules, the franchise shall perform at its expense proof of
performance tests, and such other tests as may be specified in the
franchise agreement, designed to demonstrate compliance with this
section, the franchise agreement and FCC requirements. The franchisee
shall, upon the request of the township, make such test results available
to the township for inspection and copying at the franchisee's
offices. The township shall have the right to inspect the broadband
system facilities during and after their construction to ensure compliance
with this section, the franchise agreement and applicable provisions
of local, state and federal law, and may require the franchisee to
perform additional tests based upon its prior investigation of system
performance or upon subscriber complaints.
