The franchisee shall specify the construction schedule.
A.
The construction, operation, maintenance and repair of the broadband
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, FCC, the Standards
of Good Engineering Practices for Measurement of Cable Television
Systems of the National Cable Television Association, other applicable
federal, state or local laws and regulations that may apply to the
operation, construction, maintenance or repair of a broadband system,
including, without limitation, local zoning and construction codes,
and laws and accepted industry practices, all as hereafter may be
amended or adopted.
B.
All installation of electronic equipment shall be of a permanent
nature, using durable components.
C.
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, Westtown Township ordinances and all other applicable
state or local laws, codes and regulations, all as hereafter may be
amended or adopted.
D.
Without limiting the foregoing, all the franchisee's plant and
equipment, including, but not limited to, the antennae site, headend
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 township 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.
E.
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.
F.
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 broadband
system shall be promptly repaired by the franchisee at its expense,
and in strict compliance with all applicable township standards.
G.
A franchisee shall, at its expense, and by a time specified by the
township, protect, support, temporarily disconnect, relocate or remove
any of its property when required by the township 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 township would be served
thereby; provided, however, that the franchisee shall, in all such
cases, have the privilege of abandoning any property in place.
H.
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 township may resolve disputes as to responsibility for costs associated
with the removal, relaying or relocation of facilities among those
authorized to install facilities in the public streets if the parties
are unable to do so themselves.
I.
In the event of an emergency, or where a broadband system creates
or is contributing to an imminent danger to health, safety or property,
the township may remove, relay or relocate that broadband system subject
to such prior notice to the franchisee as may be reasonable under
the circumstances giving rise to the emergency or danger involved.
J.
A franchisee shall, on the request of any person holding a building
moving permit issued by the township, 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 township, in which case no such payment shall be required.
The franchisee shall be given not less than 10 days' advance
notice to arrange for such temporary wire changes.
K.
A franchisee shall have the authority to trim trees that overhang
a street or public right-of-way of the township so as to prevent the
branches of such trees from coming in contact with the wires and cables
of the franchisee, provided that the franchisee provides reasonable
prior notice to the township and complies with township requirements.
The township shall have the right to supervise such trimming.
L.
A franchisee shall use, with the owner's permission, existing
underground conduits or overhead utility facilities whenever feasible
and may not erect poles in public rights-of-way without the express
permission of the township. Except as otherwise provided in this section,
the franchisee shall erect its facilities on existing power and telephone
poles pursuant to pole attachment agreements to be entered into between
the franchisee and the utility companies having ownership of or otherwise
having jurisdiction over such existing power and telephone poles.
Copies of agreements for use of conduits or other facilities shall
be filed with the township as required by the franchise agreement
or upon township request. No new poles shall be set by the franchisee
except where no poles exist or use of an existing utility pole is
not practicable due to excessive rearrangements or other conditions.
M.
On streets where electrical and telephone utility wiring is located
underground, either at the time of initial construction of a broadband
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.
N.
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, and shall be constructed
and maintained by the franchisee so as not to interfere with television
and radio reception by inhabitants not using the services of the franchisee.
The township may issue such rules and regulations concerning the installation
and maintenance of a broadband system installed in, on or over the
streets, as may be consistent with this chapter and the franchise
agreement. The township 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 broadband
system operations of the franchisee.
O.
All safety practices required by law shall be used during construction,
maintenance and repair of a broadband 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 township of their use of any street or any other
public right-of-way, and shall at all times fully comply with the
requirements of Act 287 pertaining to "Call One."
P.
Prior to erection of any towers, poles or conduits or the construction, upgrade or rebuild of a broadband system authorized under this chapter, the franchisee shall first submit to the township and other designated parties for approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, as required, together with a map and plans indicating the proposed location of all such facilities. For the erection of towers, the franchisee shall in addition comply with the requirements of Chapter 170, Zoning, as may be amended from time to time. No erection or installation of any tower, pole, underground conduit or fixture or any rebuilds or upgrading of the broadband system shall be commenced by any person until approval therefor has been received from the township.
Q.
Any contractor proposed for work or construction, installation, operation,
maintenance or repair of broadband system equipment must be properly
licensed under laws of the state and all applicable local ordinances.
R.
In the event the use of any part of a broadband system is discontinued
for any reason for a continuous period of 12 months, or in the event
such broadband system or property has been installed in any street
without complying with the requirements of this chapter or a franchise
agreement, or the franchise is terminated or canceled or has expired,
the franchisee, within 30 days after written notice by the township,
shall commence removal from the streets of all such property as the
township may require.
S.
The township may extend the time for the removal of abandoned facilities
for a period not to exceed 180 days.
T.
In the event of such removal or abandonment, the franchisee shall
restore the area to a condition satisfactory to the township.
Except for emergency repair work, the franchisee shall publicize
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 Township Manager and by making reasonable efforts
to notify those persons most likely to be affected by the work in
at least one of the following ways: by telephone, in person, by mail,
by distribution of flyers to residences, or in any other manner reasonably
calculated to provide adequate notice.