Blue Ridge shall operate, maintain, construct and extend the cable system so as to provide high-quality signals and reliable delivery of one-way and two-way cable services for all programming services throughout all parts of the municipality. The cable system shall meet or exceed any and all technical performance standards of the FCC, the National Electrical Safety Code, the National Electrical Code and any other applicable federal laws and the laws, ordinances and construction standards of the Commonwealth of Pennsylvania and the municipality.
A. 
Service shall be provided to every dwelling occupied by a person requesting cable service, provided that such person is not delinquent for past cable service and further provided that Blue Ridge is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act.[1] Blue Ridge shall extend the cable system into all areas within the municipality where there is a minimum of 15 customers per linear plant mile of aerial cable, and 30 customers per underground mile of cable, calculated from the end of the nearest trunk line. Solely for the purposes of this article, the term "customer" shall mean any person who has signed a contract for cable service.
[1]
Editor's Note: See 47 U.S.C. § 541(a)(2).
B. 
Any dwelling unit within 125 feet aerial distance of the cable plant shall be entitled to a standard installation rate. For any dwelling unit in excess of 125 feet aerial distance or that requires an underground installation, Blue Ridge shall extend cable service at a rate not to exceed Blue Ridge's actual cost of installation from its main distribution system.
C. 
All installations of wires and/or equipment by Blue Ridge shall be underground in those areas of the municipality where the wires and/or equipment of telephone and electric utilities are underground.
Blue Ridge shall apply to the municipality for all required permits and shall not undertake any activities in the public rights-of-way subject to a permit without receipt of such permit, issuance of which shall not be unreasonably withheld by the municipality. Blue Ridge shall pay any and all required permit fees.
A. 
Whenever Blue Ridge or any agent, including any subcontractor, opens, takes up, or disturbs any pavement, sidewalk or other improvement of any public or private way or place, the same shall be replaced and the surface restored in as good condition as before the disturbance within 10 business days of the completion of the disturbance. Upon failure of Blue Ridge to comply within the time specified, the municipality may cause proper restoration and repairs to be made, and the expense of such work shall be paid by Blue Ridge upon demand by the municipality along with any liquidated damages applied by the municipality in accordance with Section 9, "Franchise Violations, Damages and Revocation"[1] below.
[1]
Editor's Note: So in original.
B. 
Whenever Blue Ridge or any agent, including any subcontractor, shall install, operate or maintain equipment, cable, or wires, it shall avoid damage and injury to property, including structures, improvements and trees in and along the routes authorized by the municipality, except as may be approved by the municipality if required for the proper installation, operation and maintenance of such equipment, cable, or wires. Blue Ridge shall promptly repair and restore any private property that is damaged as a result of construction, installation, repair or maintenance of the cable system within 20 business days.
C. 
Blue Ridge's operating, construction, repair and maintenance personnel, including all agents and subcontractors, shall be thoroughly trained in the use of all equipment and the safe operation of vehicles. Blue Ridge's operating, construction, repair and maintenance personnel shall follow all safety procedures required by all applicable federal, state and local laws and regulations. All areas of the cable system shall be routinely inspected and maintained so that conditions that could develop into safety hazards for the public may be corrected before they become a hazard. Blue Ridge shall install and maintain its wires, cables, fixtures, and other equipment in such a manner as shall not interfere with any installations of the municipality or any public utility serving the municipality. The municipality may, at any time, conduct an inspection to ensure that the cable systems or any Blue Ridge personnel do not pose a threat to public safety.
D. 
Whenever Blue Ridge or any agent, including any subcontractor, shall disturb any pavement, sidewalk or other public property in order to perform any underground activity, it shall utilize the Pennsylvania One Call System prior to any such disturbance. It shall notify the Pennsylvania One Call System no less than three and no more than 10 working days in advance of any such disturbance and adhere to any additional requirements which the commonwealth may establish in the future. Blue Ridge shall also adhere to all requirements of the Pennsylvania Underground Utility Line Protection Act.[2]
[2]
Editor's Note: See 73 P.S. § 176 et seq.
E. 
All structures and all lines, equipment and connections in, over, under, and upon streets, sidewalks, alleys, and public and private ways and places of the municipality, wherever situated or located, shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. Blue Ridge shall not keep or maintain disconnected or loose cables, lines, or wires on utility poles or anywhere else in the public rights-of-way.
Upon completion of any construction, Blue Ridge shall conduct periodic signal monitoring in accordance with the requirements of the FCC. Blue Ridge shall monitor the signal quality of all channels delivered on the cable system.
In accordance with applicable laws, Blue Ridge shall, upon the request of any person holding a building moving permit issued by the municipality, temporarily raise or lower its wires to permit the moving of the building. Blue Ridge shall be given at least 30 days' advance notice to arrange for such temporary wire changes. If the building to be moved is owned or operated by the municipality, Blue Ridge shall raise or lower its wires at no cost to the municipality.
A. 
Blue Ridge shall, at no cost to the municipality, protect, support, temporarily disconnect, relocate in the same street, or other public way and place, or remove from any street or any other public way or place, any of its property as required by the municipality or its designee by reason of traffic conditions, public safety, street construction, change or establishment of street grade, or the construction of any public improvement or structure.
B. 
In requiring Blue Ridge to protect, support, temporarily disconnect, relocate or remove any portion of its property, the municipality shall treat Blue Ridge the same as, and require no more of Blue Ridge than, any similarly situated entity.
If, at any time, in case of fire or other disaster in the municipality, it shall be necessary, in the reasonable judgment of the municipality or its agent, to cut or move any of the wires, cable or equipment of the cable system, the municipality shall have the right to do so without cost or liability, provided that, wherever possible, the municipality shall give Blue Ridge notice and the ability to relocate wires, cable or other equipment.
Any tree trimming or tree removal must be approved by the Honesdale Shade Tree Commission in writing before any work is started. Blue Ridge or its agents, including subcontractors, shall have the authority to trim trees upon and overhanging public streets, alleys, sidewalks and the public rights-of-way so as to prevent the branches of such trees from coming in contact with the wires, cables or other equipment of Blue Ridge. Blue Ridge or its agents, including subcontractors, shall perform such tree trimming in accordance with accepted arboreal standards and applicable laws and regulations. Blue Ridge shall reasonably compensate the municipality or other property owner for any damages caused by such tree trimming or removal. If Blue Ridge or its agents, including subcontractors, wish to cut down and remove any tree or trees as may be necessary for the installation and maintenance of its equipment, it shall apply to the municipality for permission and, if permission is granted, shall perform such cutting and removal in accordance with accepted arboreal standards and applicable laws and regulations. Blue Ridge shall notify adjacent property owners at least seven days prior to any tree removal.