Within 30 days after completion of the make-ready survey identifying the routes of the cable/video system, the grantee shall apply for all additional licenses from the state or other necessary parties, such as the railroads for crossing under or over the 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 construction scheduled as outlined in the franchise. Failure to make such timely application and timely filing shall constitute a material violation of this chapter.
A. 
Compliance with construction and technical standards. The grantee shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements and FCC technical standards. The grantee, through the cable/video system, shall provide uniform signals that are free from any distortion and interference. The cable/video system shall be designed, constructed, operated and maintained continuously 24 hours a day. The cable/video system shall produce, for reception on subscribers' receivers, either analog or digital images that are free from interference or distortion that would cause any material degradation of picture 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/video programming services. The grantee shall periodically upgrade its facilities, equipment and service so that its cable/video system remains current with the state of broadband technology. The grantee shall activate additional capacity as required to maintain broadband capacity in excess of demand. The Town Board shall order the grantee to comply with this section upon investigation of consumer complaints or on its own motion.
C. 
Submittal of description of proposed facilities. Prior to the erection of any towers, poles or conduits or the upgrade or rebuild of the cable/video 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, together with a coverage map. No tower, pole, underground, conduit or fixture or any rebuild or upgrade to the cable/video system shall be commenced by any person until approval has been received from the Town.
D. 
Contractor qualifications. Any contractor proposed for work of construction, installation, operation, maintenance and repair of system equipment must be properly licensed under laws of the state and all local ordinances.
E. 
Location of equipment. 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 roads, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the roads 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. 
Manner of performing work. Construction, installation, operation and maintenance of the cable/video 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.
G. 
Compliance with all applicable regulations. The grantee shall at all times comply with:
(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) 
Occupational Safety and Health Administration (U.S. Department of Labor).
(5) 
Applicable FCC or other federal, state and local regulations, and standards as set forth in the franchise.
H. 
Standby power. The grantee shall maintain equipment capable of providing continuous standby power for the head end and twenty-four-hour standby power for the distribution system and at the premises for any optical network terminal (ONT) device.
The franchise shall specify the construction schedule.
A. 
Extension due to annexation. A franchised cable operator shall extend cable/video programming services beyond its initial or, in the case of renewal, present service area to any household that is annexed into the Town within 120 days from the date of annexation.
B. 
Extension due to development. In all areas where new residential development or redevelopment is to be constructed and to be served in whole or in part by underground power and telephone, and only in areas where both utilities are placed underground, the owner or developer shall provide all grantees reasonable advance notice of not less than 30 days, at no expense to the franchisee, an easement or access to a co-utility service location trench in which to place the franchisee's facilities.
A. 
Aerial installations. All aerial installations shall comply with the National Electric Safety Code (NESC), as amended. It is the grantee's responsibility to make certain its facilities remain in compliance with the NESC. Failure to comply with this provision constitutes a violation of this chapter and is subject to the penalties provided herein.
B. 
Underground installations. All underground installations shall comply with the National Electric Safety Code (NESC), as amended. Installations shall be underground in those areas where telephone and electric service are underground. All cable passing under the roadway shall be installed in conduit and conform to NYDOT standards.
C. 
Filing of plans; use agreements; permits. Prior to construction or alteration, however, the grantee shall in each case file plans with the appropriate agencies, complete use agreements with the utility companies, obtain all construction permits and receive written approval.
D. 
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, to the extent reasonably possible:
(1) 
Not endanger or interfere with the health, safety or lives of persons.
(2) 
Not interfere with any improvements the Town 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, sewer, water or telephone facilities or other utilities located within the Town.
E. 
Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, as its own cost and expense, replace and restore all paving, sidewalk, driveway, landscaping or surface of any street or alley disturbed, in as good a condition as, or better than, before the work was commenced and in a good workmanlike and timely manner. Such restoration shall be consistent with the practices of other area utility providers.
F. 
Relocation of facilities. If at any time during the period of the franchise the Town or state shall lawfully elect to alter or change the grade of any street, alley or other public way, 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.
G. 
Tree trimming. The grantee shall have the authority to trim any trees upon and overhanging public rights-of-way so as to prevent the branches of the trees from contact with the cable/video system.
A. 
Test points. Cable/Video system monitor test points shall be established at the cable/video system's extremities. Such periodic proof of performance tests shall be conducted at the test points, or other locations determined by the Town.
B. 
Copy to the Town. A copy of all technical performance test reports shall be submitted to the Town within 30 days.
C. 
Right to compel testing. Whenever there have been similar complaints made or when there exists other evidence that in the judgment of the Town casts doubt on the reliability or quality of the grantee's cable/video 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 testing; 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 to conduct such tests 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 the testing; the results of the test; and methods by which the complaints were resolved. The tests and analyses shall be supervised by a professional engineer, who shall sign all records of the special tests and forward them to the Town with a report interpreting the test results and recommended action. All such tests shall be performed at the expense of the grantee.