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 Borough, utilities, and other
lawful uses 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 commonwealth, Borough, 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.
B.
Power to contract. Upon grant of the franchise and in order to construct,
operate and maintain a cable system in the Borough, the grantee shall
obtain right-of-way permits from appropriate Borough, commonwealth,
county, and federal officials necessary to cross or otherwise use
highways or roads under their respective jurisdiction; obtain permission,
when required, from the Federal Aviation Administration to erect and
maintain antennas; and obtain whatever other permits a Borough, county,
commonwealth or federal agency may require.
A.
Compliance with construction and technical standards. Grantee shall
construct, rebuild, install, operate and maintain its system in a
manner consistent with all laws, ordinances, construction standards,
governmental requirements, FCC technical standards, and detailed technical
standards submitted by grantee as part of its application, which standards
are incorporated by reference herein. The grantee, through the system,
shall provide uniform, strong signals which are free from any significant
distortion and interference. 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
(providing 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 then-current standards
of the art of cable communications, such standards to include, but
not be limited to the following:
C.
Borough approval of construction plans. 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 Borough 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 Borough. Approval of each phase of new construction
or rebuild design plans shall be deemed granted for any submission
made to the Borough unless expressly disapproved within 60 days. All
other approvals, such as permits, will be provided within the time
frames specified by relevant law and regulation.
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 commonwealth and all local
ordinances.
E.
Minimum interference. The grantee's system and associated equipment
erected by the grantee within the Borough 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 the 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.
Borough maps. The Borough 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.
Quality of construction. 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 and the manufacturer's specifications.
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.
Construction standards. 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)
Applicable FCC or other federal, commonwealth and local regulations;
and standards as set forth in the franchise.
I.
Noninterference. 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.
Antennas. 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 commonwealth law or
regulation.
K.
OSHA. 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. RF leakage shall not exceed FCC-permitted maximum levels
as evidenced by annual cumulative leakage index measurements. FCC
rules and regulations shall govern. The system shall cause no measurable
interference in TV signal reception to any operating receiver not
connected to and serviced by the system.
M.
Standby power. The grantee shall maintain equipment capable of providing
standby power for a minimum of eight hours for the head end and two
hours for transportation and trunk amplifiers.
The franchise shall specify the construction schedule.
The grantee shall provide service to all dwelling units or commercial
entities requesting service and in any additional areas annexed to
the Borough within six months of such request, subject to any line
extension requirements specified in the franchise agreement.
A.
Underground installation. All installations shall be underground
in those areas of the Borough where public utilities providing both
telephone and electric service are underground at the time of installation.
In areas where either telephone or electric utility facilities are
aboveground at the time of installation, grantee may install its service
aboveground, provided that at such time as those facilities are required
to be placed underground by the Borough or are placed underground,
the grantee shall likewise place its services underground without
additional cost to the Borough or to the individual subscriber so
served within the Borough. 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.
Permits. Prior to construction or alteration, however, the grantee
shall in each case file plans with the appropriate Borough agencies,
complete use agreements with the utility companies, obtain all construction
permits and receive written approval of the Borough before proceeding,
which approval shall not be unreasonably withheld or delayed.
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 or persons;
(2)
Not interfere with any improvements the Borough, County or Commonwealth
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; and
(5)
Not obstruct, hinder or interfere with any gas, electric, water or
telephone facilities or other utilities located within the Borough.
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 Borough, 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 said work was commenced and in a good workmanlike, timely
manner in accordance with standards for such work set by the Borough.
Weather permitting, restoration shall be undertaken within no more
than 10 business days after the damage is incurred and the grantee
shall use its best efforts to complete the restoration as soon as
possible thereafter.
E.
Relocation of the facilities. In the event that at any time during
the period of the franchise, the Borough, county or commonwealth 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 Borough,
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 Borough ordinances, to trim any trees upon
and overhanging public right-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 Borough, 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 the responsibility of the grantee.
I.
Private property. Grantee shall be subject to all laws, ordinances
or regulations regarding private property in the course of constructing,
installing, operating or maintaining the cable communications system
in the Borough of New Britain. 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.
No poles shall be erected by the grantee without prior approval
of the Borough with regard to location, height, types and any other
pertinent aspect and consideration given by the Borough to the availability
of existing poles and local aesthetics. 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 Borough determines
that the public convenience would be enhanced thereby.
A.
Progress reports. Within 30 days of the granting of a franchise to
construct a new system pursuant to this chapter, the grantee shall
provide the Borough with a written progress report detailing work
completed to date and a schedule for completion of construction. Such
report shall include a description of the progress in applying for
any necessary agreements, licenses, or certifications and any other
information the Borough Manager may deem necessary. The content and
format of the report will be determined by the Borough Manager and
may be modified at his/her discretion. The time frame established
above shall not apply to the upgrade or rebuild of an existing system.
B.
Time frame for reports. Written progress reports as described in Subsection A above shall be submitted to the Borough on a bimonthly basis throughout the new construction or rebuild process. The Borough Manager may require more frequent reporting if he/she determines it is necessary to better monitor the grantee's progress.
C.
Subscriber information. Prior to the commencement of any significant
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 Borough Manager prior
to its distribution.
A.
Completion tests. Not later than 60 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.
B.
Methodology. Such tests shall be performed by, or under the supervision
of a qualified engineer or technician with proper training and experience.
A copy of the report shall be submitted to the Borough, describing
test results, instrumentation, calibration, and test procedures, and
the qualification of the engineer responsible for the tests.
C.
Test points. 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.
FCC tests. 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 Borough within 60 days of completion.
E.
Borough-required tests. Whenever there have been similar complaints
made or when there exists other evidence, which, in the judgment of
the Borough, casts doubt on the reliability or quality of the grantee's
system, the Borough shall have the right and authority to compel the
grantee to test, analyze, and report on the performance of its system
with respect to the specified complaints. To the extent permitted
by law or regulation, the Borough 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 Borough no later than 30 days after the Borough
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 qualified engineer or technician, who shall sign
all records of the special tests and forward same to the Borough with
a report interpreting the results of the tests and recommending what
actions should be taken. If requested by the Borough, and at the Borough's
expense, the grantee shall allow an independent engineer to conduct
such tests. Grantee shall reimburse the Borough for the expense of
the tests if such tests indicate that the cable communications system
does not substantially comply with relevant laws and regulations.