All transmission and distribution structures, poles, other lines and equipment installed or erected by the grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of public ways and with the rights and reasonable convenience of property owners who own property that adjoins any of such public ways.
If during the course of the grantee's construction, operation or maintenance of the cable system there occurs a disturbance of any public way by the grantee, it shall, at its expense, replace and restore such public way to a condition reasonably comparable to the condition of the public way existing immediately prior to such disturbance.
Upon its receipt of reasonable advance notice, not to be less than five business days, the grantee shall, at its own expense, protect, support, temporarily disconnect, relocate in the public way or remove from the public way any property of the grantee when lawfully required by the franchising authority by reason of traffic conditions, public safety, street abandonments, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other type of structures or improvements by the franchising authority; but the grantee shall in all cases have the right of abandonment of its property. If public funds are available to any person using such street, easement or right-of-way for the purpose of defraying the cost of any of the foregoing, the franchising authority shall make application for such funds on behalf of the grantee.
The grantee shall, on the request of any person holding a building moving permit issued by the franchising authority, temporarily raise or lower its wires to permit the moving of such building, provided that:
A. 
The expense of such temporary raising or lowering of wires is paid by said person, including, if required by the grantee, making such payment in advance; and
B. 
The grantee is given not less than 10 business days advance written notice to arrange for such temporary wire changes.
The grantee shall have the authority to trim trees or other natural growth overhanging any of its cable system in the service area so as to prevent branches from coming in contact with the grantee's wires, cables or other equipment. The grantee shall reasonably compensate the franchising authority for any damages caused by such trimming, or shall, in its sole discretion and at its own cost and expense, reasonably replace all trees or shrubs damaged as a result of any construction of the cable system undertaken by the grantee. Such replacement shall satisfy any and all obligations the grantee may have to the franchising authority pursuant to the terms of this section.
Construction, installation and maintenance of the cable system shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with applicable FCC or other federal, state and local regulations and the National Electric Safety Code. The cable system shall not unreasonably endanger or interfere with the safety of persons or property in the service area.
In those areas of the service area where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, the grantee likewise shall construct, operate and maintain all of its transmission and distribution facilities underground; provided that such facilities are actually capable of receiving the grantee's cable and other equipment without technical degradation of the cable system's signal quality. In those areas of the service area where the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are both aerial and underground, the grantee shall have the sole discretion to construct, operate and maintain all of its transmission and distributions facilities, or any part thereof, aerially or underground. Nothing contained in this section shall require the grantee to construct, operate and maintain underground any ground-mounted appurtenances, such as subscriber taps, line extenders, system passive devices (splitters, directional couplers), amplifiers, power supplies, pedestals or other related equipment. Notwithstanding anything to the contrary contained in this section, in the event that all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are placed underground after the effective date of this franchise, the grantee shall only be required to construct, operate and maintain all of its transmission and distribution facilities underground if it is given reasonable notice and access to the public utilities' facilities at the time that such are placed underground.
A. 
New developments. The franchising authority shall provide the grantee with written notice of the issuance of building or development permits for planned commercial/residential developments within the service area requiring undergrounding of cable facilities. The franchising authority agrees to require as a condition of issuing the permit that developer give the grantee access to open trenches for deployment of cable facilities and written notice of the date of availability of trenches. Such notice must be received by the grantee at least 10 business days prior to availability. Developer shall be responsible for the digging and backfilling of all trenches. The grantee shall be responsible for engineering, deployment labor and cable facilities. Installation from utility easements to individual homes or other structures shall be at the cost of the home/building owner or developer unless otherwise provided.
B. 
Local improvement district. If an ordinance is passed creating a local improvement district which involves placing underground certain utilities, including that of the grantee, which are then located overhead, the grantee shall participate in such underground project and shall remove poles, cables and wires from the surface of the streets within such district and shall place them underground in conformity with the requirements of the franchising authority. The grantee may include its costs of relocating facilities associated with the undergrounding project in said local improvement district if allowed under applicable law.
The cable system, as constructed as of the date of the passage and final adoption of this franchise, substantially complies with the material provisions hereof. Whenever the grantee shall receive a request for service from at least 15 residences within 1,320 cable-bearing strand feet (one-quarter cable mile) of its trunk or distribution cable, it shall extend its cable system to such subscribers at no cost to said subscribers for cable system extension, other than the usual connection fees for all subscribers; provided that such extension is technically feasible, and if it will not adversely affect the operations, financial condition or market development of the cable system, or as provided for under § A205-13 of this franchise.
No subscriber shall be refused service arbitrarily. However, for unusual circumstances, such as a subscriber's request to locate his cable drop underground, existence of more than 125 feet of distance from distribution cable to connection of service to subscribers, or a density of less than 15 residences per 1,320 cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. For the purpose of determining the amount of capital contribution in aid of construction to be borne by the grantee and subscribers in the area in which service may be expanded, the grantee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of residences per 1,320 cable-bearing strand feet of its trunks or distribution cable, and whose denominator equals 15 residences. Subscribers who request service hereunder will bear the remainder of the construction and other costs on a pro rata basis. The grantee may require that the payment of the capital contribution in aid of construction borne by such potential subscribers be paid in advance.
The grantee shall, upon request, provide without charge, one outlet of basic service to those franchising authority offices, fire station(s), police station(s) and public school building(s) that are passed by its cable system. The outlets of basic service shall not be used to distribute or sell services in or throughout such buildings, nor shall such outlets be located in areas open to the public. The franchising authority shall take reasonable precautions to prevent any use of the grantee's cable system in any manner that results in the inappropriate use thereof or any loss or damage to the cable system. Users of such outlets shall hold the grantee harmless from any and all liability or claims arising out of their use of such outlets, including but not limited to, those arising from copyright liability. The grantee shall not be required to provide an outlet to such buildings where the drop line from the feeder cable to such buildings or premises exceeds or unless the appropriate governmental entity agrees to pay the incremental costs of such drop line in excess of 125 cable feet. If additional outlets of basic services are provided to such buildings, the building owner shall pay the usual installation fees associated therewith, including, but not limited to, labor and materials.
A. 
In accordance with and at the time required by the provisions of FCC Regulations Part II, Subpart D, Section 11.5 1 (h)(I), and as such provisions may from time to time be amended, the grantee shall install, if it has not already done so, and maintain an Emergency Alert System (EAS) for use in transmitting Emergency Act Notifications (EAN) and Emergency Act Terminations (EAT) in local and statewide situations as may be designated to be an emergency by the Local Primary (LP), the State Primary (SP) and/or the State Emergency Operations Center (SEOC), as those authorities are identified and defined within FCC Reg. Section 11.51.
B. 
The franchising authority shall permit only appropriately trained and authorized persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of the grantee's cable system in any manner that results in inappropriate use thereof, or any loss or damage to the cable system. Except to the extent expressly prohibited by law, the franchising authority shall hold the grantee, its employees, officers and assigns harmless from any claims arising out of the emergency use of its facilities by the franchising authority, including, but not limited to, reasonable attorneys' fees and costs.