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.
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.
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.
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.