All facilities shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a license or franchise agreement:
A. 
A grantee shall install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists within such utility facility.
B. 
A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
C. 
Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public way of the Township, a grantee with permission to occupy the same public way must also locate its telecommunications facilities underground.
D. 
New utility poles shall be permitted only when underground conduit cannot be installed.
E. 
Whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future telecommunications carriers or facilities, the grantee shall provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future carriers.
F. 
As additionally specified in Articles IV and V of this Part 2.
A construction in the public ways shall comply with all state and federal safety regulations.
All license or franchise grantees are required to obtain construction permits for telecommunications facilities as required in Article IX of this Part 2. However, nothing in this article shall prohibit the Township and a grantee from agreeing to alternative plan review, permit, and construction procedures in a license or franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
No license or franchise grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the Township, by the general public, or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the grantee, temporarily or permanently, as determined by the Township Engineer.
No license or franchise grantee, nor any person acting on a grantee's behalf, shall take any action or permit any action to be done which may impair or damage any Township property, public ways of the Township, other ways or other property located in, on, or adjacent thereto.
Unless otherwise provided in a license or franchise agreement, no license or franchise grantee, nor any person acting on the grantee's behalf, shall commence any nonemergency work in or about the public ways of the Township or other ways without 10 working days' advance notice to the Township.
In the event of an unexpected repair or emergency, a grantee may commence such repair and emergency response work as required under the circumstances, provided the grantee shall notify the Township as promptly as possible before such repair or emergency work, or as soon thereafter as possible if advance notice is not practicable.
Each license or franchise grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state, and local requirements.
Within 30 days following written notice from the Township, a license or franchise grantee shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any telecommunications facilities within the public ways whenever the corporate authorities shall have determined that such removal, relocation, change, or alteration is reasonably necessary for:
A. 
The construction, repair, maintenance, or installation of any Township or other public improvement in or upon the public ways.
B. 
The operations of the Township or other governmental entity in or upon the public ways.
Within 30 days following written notice from the Township, any grantee, telecommunications carrier, or other person that owns, controls, or maintains any unauthorized telecommunications system, facility, or related appurtenances within the public ways of the Township shall, at its own expense, remove such facilities or appurtenances from the public ways of the Township. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:
A. 
Upon expiration or termination of the grantee's telecommunications license or franchise;
B. 
Upon abandonment of a facility within the public ways of the Township;
C. 
If the system or facility was constructed or installed without the prior grant of a telecommunications license or franchise;
D. 
If the system or facility was constructed or installed without the prior issuance of a required construction permit;
E. 
If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications license or franchise.
The Township retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the Township as the Township may determine to be necessary, appropriate, or useful, in response to any public health or safety emergency.
Unless directly and proximately caused by the willful, intentional, or malicious acts by the Township, the Township shall not be liable for any damage to or loss of any telecommunications facility within the public ways of the Township as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways or on behalf of Abington Township.
A. 
When a license or franchise grantee, or any person acting on its behalf does any work in or affecting any public ways, other ways or Township property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good a condition as existed before the work was undertaken, unless otherwise directed by the Township.
B. 
If weather or other conditions do not permit the complete restoration required by this section, the grantee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the licensee's sole expense, and the licensee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
C. 
A grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares, and other measures as required for the safety of all members of the general public to prevent injury or damage to any person, vehicle, or property by reason of such work in or affecting such ways or property.
Each license or franchise grantee shall provide the Township with an accurate map or maps certifying the location of all telecommunications facilities within the public ways. Each grantee shall provide updated maps annually.
Within 10 days of a written request from the Township Manager, each license or franchise grantee shall furnish the Township with information sufficient to demonstrate:
A. 
That the grantee has complied with all requirements of this Part 2;
B. 
That all municipal sales, message and/or telecommunications taxes due the Township in connection with the telecommunications services and facilities provided by the grantee have been properly collected and paid by the grantee.
C. 
All books, records, maps and other documents maintained by the grantee with respect to its facilities within the public ways shall be made available for inspection by the Township at reasonable times and intervals.
A license or franchise grantee shall have the right, without prior Township approval, to offer or provide capacity or bandwidth to its customers; provided:
A. 
The grantee shall furnish the Township with a copy of any such lease or agreement;
B. 
The customer or lessee has complied, to the extent applicable, with the requirements of this Part 2.
Unless otherwise provided in a license or franchise agreement, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the grantee and the Township, its elected and appointed officers, officials, agents and employees as coinsurers:
A. 
Comprehensive general liability insurance with limits not less than:
(1) 
Five million dollars for bodily injury or death to each person;
(2) 
Five million dollars for property damage resulting from any one accident; and
(3) 
Five million dollars for all other types of liability.
B. 
Automobile liability for owned, nonowned and hired vehicles with a limit of $3,000,000 for each person and $3,000,000 for each accident;
C. 
Workers' compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000;
D. 
Comprehensive insurance for premises operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000;
E. 
The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the telecommunications license or franchise, and such other period of time during which the grantee is operating without a franchise or license hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor permitted to lapse until 90 days after receipt by the Township, by registered mail, of a written notice addressed to the Township Manager of such intent to cancel or not to renew."
F. 
Within 60 days after receipt by the Township of said notice, and in no event later than 30 days prior to said cancellation or lapse, the grantee shall obtain and furnish to the Township replacement insurance policies meeting the requirements of this section.
Each license or franchise agreement shall include, to the extent permitted by law, the grantee's express undertaking to defend, indemnify and hold the Township and its officers, employees, agents, and representatives harmless from and against any and all damages, losses and expenses (including reasonable attorneys' fees and costs of suit or defense), arising out of, resulting from, or alleged to arise out of or result from the negligent, careless, or wrongful acts, omissions, failures to act, or misconduct of the grantee or its affiliates, officers, employees, agents, contractors, or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed, or prohibited by this Part 2 or by a grant agreement made or entered into pursuant to this Part 2.
Before a license or franchise granted pursuant to this Part 2 is effective, and as necessary thereafter, the grantee shall provide and deposit such monies, bonds, letters of credit, or other instruments in form and substance acceptable to the Township as may be required by this Part 2 or by an applicable license or franchise agreement.
Each grantee shall establish a permanent security fund with the Township by depositing the amount of $50,000 with the Township in cash, an unconditional letter of credit, or other instrument acceptable to the Township, which fund shall be maintained at the sole expense of the grantee so long as any of the grantee's telecommunications facilities are located within the public ways of the Township.
A. 
The fund shall serve as security for the full and complete performance of this Part 2, including any costs, expenses, damages or loss that the Township pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, rules, regulations, or permits of the Township.
B. 
Before any sums are withdrawn from the security fund, the Township shall give written notice to the grantee:
(1) 
Describing the act, default, or failure to be remedied, or the damages, cost, or expenses which the Township has incurred by reason of the grantee's act or default;
(2) 
Providing a reasonable opportunity for the grantee to first remedy the existing or ongoing default or failure, if applicable;
(3) 
Providing a reasonable opportunity for the grantee to pay any monies due the Township before the Township withdraws the amount thereof from the security fund, if applicable;
(4) 
That the grantee will be given an opportunity to review the act, default, or failure described in the notice with the Township Manager or his designee.
C. 
Grantees shall replenish the security fund within 14 days after receiving written notice from the Township that there is a deficiency in the amount of the fund.
Unless otherwise provided in a license or franchise agreement, a performance bond written by a corporate surety acceptable to the Township equal to at least 100% of the estimated cost of constructing the grantee's telecommunications facilities within the public ways of the Township shall be deposited before construction is commenced.
A. 
The construction bond shall remain in force until 60 days after substantial completion of the work, as determined by the Township Engineer, including restoration of public ways and other property affected by the construction.
B. 
The construction bond shall guarantee, to the satisfaction of the Township:
(1) 
Timely completion of construction;
(2) 
Construction in compliance with applicable plans, permits, technical codes and standards;
(3) 
Proper location of the facilities as specified by the Township;
(4) 
Restoration of the public ways and other property affected by the construction;
(5) 
The submission of as-built drawings after completion of the work as required by this Part 2;
(6) 
Timely payment and satisfaction of all claims, demands, or liens for labor, material, or services provided in connection with the work.
All grantees are required to cooperate with the Township and with each other.
A. 
By February 1 of each year, grantees shall provide the Township with a schedule of their proposed construction activities in or around the public ways, or that may affect the public ways.
B. 
Each grantee shall meet with the Township and other grantees and users of the public ways annually, or as determined by the Township, to schedule and coordinate construction in the public ways.
C. 
All construction locations, activities, and schedules shall be coordinated, as ordered by the Township Engineer, to minimize public inconvenience, disruption or damages.
Ownership or control of a telecommunications system, license, or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation, or other act of the grantee, by operation of law or otherwise, without the prior consent of the Township. Such consent shall not be unreasonably withheld or delayed, as expressed by ordinance. Consent may be delayed only on such reasonable conditions as may be prescribed therein.
A. 
No grant shall be assigned or transferred in any manner within 12 months after the initial grant of the license or franchise, unless otherwise provided in a license or franchise agreement.
B. 
Absent extraordinary and unforeseeable circumstances, no grant, system, or integral part of a system shall be assigned or transferred before construction of the telecommunications system has been completed.
C. 
The grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the Township not less than 150 days prior to the proposed date of transfer:
(1) 
Complete information setting forth the nature, terms and condition of the proposed transfer or assignment;
(2) 
All information required of a telecommunications license or franchise applicant pursuant to Article IV or V of this Part 2 with respect to the proposed transferee or assignee;
(3) 
Any other information reasonably required by the Township.
D. 
No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to own, hold, and operate the telecommunications system pursuant to this Part 2.
E. 
Unless otherwise provided in a license or franchise agreement, the grantee shall reimburse the Township for all direct and indirect fees, costs, and expenses reasonably incurred by the Township in considering a request to transfer or assign a telecommunications license or franchise.
F. 
Any transfer or assignment of a telecommunications grant, system, or integral part of a system without prior approval of the Township under this section or pursuant to a license or franchise agreement shall be void and is cause for revocation of the grant.
Any transactions which singularly or collectively result in a change of 10% or more of the ownership or working control of the grantee, of the ownership or working control of a telecommunications license or franchise, of the ownership or working control of affiliated entities having ownership or working control of the grantee or of a telecommunications system, or of control of the capacity or bandwidth of the grantee's telecommunications system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring Township approval pursuant to § 154-100 hereof. Transactions between affiliated entities are not exempt from Township approval.
A license or franchise granted by the Township to use or occupy public ways of the Township may be revoked for the following reasons:
A. 
Construction or operation in the Township or in the public ways of the Township without a license or franchise grant of authorization;
B. 
Construction or operation at an unauthorized location;
C. 
Unauthorized substantial transfer of control of the grantee;
D. 
Unauthorized assignment of a license or franchise;
E. 
Unauthorized sale, assignment, or transfer of the grantee's franchise or license assets, or substantial interest therein;
F. 
Misrepresentation or lack of candor by or on behalf of a grantee in any application to the Township;
G. 
Abandonment of telecommunications facilities in the public ways;
H. 
Failure to relocate or remove facilities as required in this Part 2;
I. 
Failure to pay taxes, compensation, fees, or costs when and as due the Township;
J. 
Insolvency or bankruptcy of the grantee;
K. 
Violation of material provisions of this Part 2;
L. 
Violation of the material terms of a license or franchise agreement.
In the event that the Township Manager believes that grounds exist for revocation of a license or franchise, he shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding 30 days to furnish evidence:
A. 
That corrective action has been or is being actively and expeditiously pursued to remedy the violation or noncompliance;
B. 
That rebuts the alleged violation or noncompliance;
C. 
That it would be in the public interest to impose some penalty or sanction less than revocation.
In the event that a grantee fails to provide evidence reasonably satisfactory to the Township Manager as provided in § 154-104 hereof, the Manager shall refer the apparent violation or noncompliance to the corporate authorities. The corporate authorities shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter.
If persuaded that the grantee has violated or failed to comply with material provisions of this Part 2, or of a franchise or license agreement, the corporate authorities shall determine whether to revoke the license or franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent, and gravity of the violation as reflected by one or more of the following factors:
A. 
Whether the misconduct was egregious;
B. 
Whether substantial harm resulted;
C. 
Whether the violation was intentional;
D. 
Whether there is a history of prior violations of the same or other requirements;
E. 
Whether there is a history of overall compliance;
F. 
Whether the violation was voluntarily disclosed, admitted, or cured.