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 users 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 state, 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. Failure
to make such timely application and timely filing shall constitute
a substantial violation of this chapter.
B.
Power to contract. Upon grant of the franchise and in order to construct,
operate and maintain a cable television system in the Borough, the
grantee may enter into contracts with any public utility companies
or any other owner or lessee of any poles or underground areas located
within or without the Borough; obtain right-of-way permits from appropriate
Borough, state, county, and federal officials necessary to cross or
otherwise use highways or roads under their respective jurisdiction;
obtain permission from the Federal Aviation Administration to erect
and maintain antennas; and obtain whatever other permits a Borough,
county, state or federal agency may require.
A.
Compliance with construction and technical standards. Grantee shall
construct, install, operate and maintain its system in a manner consistent
with all applicable laws, ordinances, construction standards, governmental
requirements, FCC technical standards. The system shall be designed,
constructed, operated and maintained for twenty-four-hour-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).
B.
Contractor qualifications. Any contractor, subcontractor, or affiliate
proposed for work of construction, installation, operation, maintenance,
and repair of system equipment must be properly licensed under laws
of the state, and all Borough codes. The Borough should be notified
in advance of any subcontractor to be used in the construction, operation,
or maintenance of the system.
C.
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.
D.
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.
E.
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. All
cables and wires shall be installed, where possible, parallel with
electric or telephone lines. Multiple cable configurations shall be
arranged in parallel.
F.
Grantee shall at all times comply with:
G.
In any event, the system shall not endanger or interfere with the
safety of persons or property in the franchise area.
H.
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 state law or regulation.
I.
All worker facilities, conditions, and procedures that are used during
construction, installation, operation, and maintenance of the cable
television system shall comply with the standards of the Occupational
Safety and Health Administration.
J.
FCC rules and regulations shall govern the measurement of RF radiation,
however, the grantee shall endeavor to exceed the FCC cable television
basic signal leakage performance criteria Part 76.611, due to the
Borough's location.
K.
The grantee shall maintain equipment capable of providing standby
power for a minimum of eight hours for the headend and four hours
for transportation and trunk amplifiers.
The franchise shall specify the construction schedule.
The grantee shall provide service to all dwelling units or commercial
subscribers within one month of a request for service and in any additional
areas annexed to the Borough within six months.
A.
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 both those facilities are required to be placed
underground by the Borough or are placed underground, the grantee
shall likewise place its services underground. 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
a 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 public way shall be installed in conduit and in
accordance with all state and local laws and ordinances.
B.
Prior to construction or alteration in any public way, however, the
grantee shall in each case file plans with the appropriate Borough
agencies and obtain all necessary construction permits and authorizations
before proceeding.
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 of persons;
(2)
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;
(3)
Not interfere with the rights and reasonable convenience of private
property owners, except to the minimum extent possible during actual
construction or repair; and
(4)
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, property, 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, landscaping, or surfacing of any
property or public way, 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.
Such restoration shall be undertaken within no more than 10 business
days after the damage is incurred and shall be completed within 30
business days unless otherwise authorized by the Borough.
E.
Relocation of the facilities. In the event that at any time during
the period of the franchise, the Borough, county or state shall lawfully
elect to alter, or change, the grade of any street, alley or other
public ways, or make repairs or improvements to any infrastructure,
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 and with
all due deliberate speed.
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
or overhanging the 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 as may be required
by the grantee may be done by the Borough, or under its supervision
and direction, at the expense of the grantee. The grantee shall notify
the Borough Department of Public Works prior to trimming any trees
in the right-of-way.
H.
Easements. All necessary easements over and under private property
shall be arranged for by the grantee.
A.
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, therefore, has been received from the Borough provided further,
that such approval shall not be unreasonably withheld.
B.
Where poles already exist for use in serving the Borough are available
for use by the grantee, the Borough may require the grantee to use
such poles and structures.
A.
Written progress reports shall be submitted to the Borough on a monthly
basis throughout the entire initial construction or rebuild process.
The Borough Manager may require more frequent reporting if the Manager
determines it is necessary to better monitor the grantee's progress.
[Amended 4-21-2021 by Ord. No. 1032]
B.
Prior to the commencement of any initial construction or rebuild
of a cable television system, 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.
Not later than 45 days after new plant in excess of one continuous
mile or any substantially rebuilt portion of the system is made available
for service to subscribers, and annually thereafter, the grantee shall
conduct technical performance tests to demonstrate full compliance
with all technical standards referenced in this chapter and the franchise.
B.
Such tests shall be performed by a qualified technician, or under
the supervision of a qualified registered professional. A copy of
the report shall be submitted to the Borough within 30 days, describing
test results, instrumentation, calibration, and test procedures, and
the qualifications of the technician responsible for the tests.
C.
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.
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 30 days of completion.
E.
Reports acceptable to the Borough on any status monitoring system
shall be provided to the Borough quarterly.
F.
Whenever there have been 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 promptly test,
analyze, and report on the performance of its system. 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
seven days after completion 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 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 by the Borough. All such tests shall be at the expense
of the grantee.
G.
The Borough shall have the right to employ qualified consultants
and attorneys if necessary or desirable to assist in the administration
of this, or any other section of this chapter or the franchise at
its own expense.
