Township of Caln, PA
Chester County
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Table of Contents
Table of Contents
All construction, operation, maintenance and repair of the cable system shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all state codes, where applicable.
All installation of electronic equipment and appurtenant facilities shall be of a permanent durable nature. Installation shall be in accordance with the provisions of the National Electric Safety Code and the National Electrical Code, as amended, the FCC, the Standard of Good Engineering Practices for Measurement of Cable Television Systems of the National Cable Association and any other applicable federal or state laws, codes and regulations, as the same may be from time to time amended or adopted.
Antennas and their supporting structures (tower) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, Federal Communications Commission and all other applicable state or Township laws, ordinances, codes and regulations, as the same may be from time to time amended or adopted.
The franchisee's plant and equipment, including but not limited to antenna sites, distribution system, towers, house connections, structures, poles, wires, cable, coax cable, fiber-optic cable, fixtures and apparatuses shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good and accepted engineering practices, performed by experienced maintenance and construction personnel, so as not to endanger or interfere with any streets and rights-of-way, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic or to interfere in any manner with the rights of any property owner.
The franchisee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
All transmission and distribution structures, poles, wires, lines and equipment erected by the franchisee within the Township's public rights-of-way shall be so located as not to interfere with such rights-of-way. The Township shall retain sole power and authority over the rights-of-way dedicated to or owned by it in connection with the location of any cable system facilities therein or thereon.
In the case of disturbance of any street or paved area, the franchisee, in accordance with applicable Township ordinances or regulations, shall secure a street-opening permit from the Township prior to any such disturbance, and shall, at its own cost and expense, in any manner approved by the Township or state, as applicable, replace, repair and restore such street or pavement area in accordance with Township or state specifications, as applicable.
The franchisee shall strictly adhere to all building, highway and zoning codes currently or hereafter applicable to construction, operation or maintenance of the cable system in the Township.
The Township shall have the right to inspect all construction or installation work performed pursuant to the provisions of a franchise, and to make such tests as it shall find necessary to ensure compliance with the terms of both any such franchise and the applicable provisions of local, state and federal law. The franchisee shall reimburse the Township for all such associated and reasonably incurred costs.
If, at any time during the period of a franchise, the Township shall lawfully construct, reconstruct or relocate any street or right-of-way, or alter or change the grade of any street, or repair, modify or relocate any sanitary or storm sewers, waterlines or other public facilities, the franchisee, upon 60 days' notice by the Township, shall remove, relay, abandon or relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
If the franchisee desires to erect any pole on or along any Township right-of-way, it shall first obtain the Township's consent to do so. The franchisee shall exercise its best efforts to negotiate the lease of pole space and facilities from existing pole owners for all aerial construction.
Cable shall be installed underground at the franchisee's expense where both the existing telephone and electrical utilities are underground. The franchisee shall place cable underground in newly platted streets in concert with both the telephone and electric utilities. In the event that the telephone or electric utilities are reimbursed by the Township or any state or federal agency for the placement of cable underground or the movement of cable, the franchisee shall be reimbursed upon the same terms and conditions as the telephone or electric utilities are reimbursed.
Construction upgrades or new construction of streets, utilities and other public facilities, when done by the Township, shall be undertaken and completed to the extent feasible, in such a manner as to not obstruct, injure or prevent the free use and operation by the franchisee of the poles, wires, conduits, conductors, pipes or apparatus forming a part of its cable system.
If any such property of the franchisee interferes with the construction, reconstruction, relocation, maintenance or repair of any streets, rights-of-way or other Township public improvements, whether it be the construction, repair, maintenance, removal or relocation of a sewer, public sidewalk or water main, street or any other improvement (the project), the Township shall give 10 days' prior written notice to the franchisee, and all such poles, wires, conduits and other appliances and facilities shall be secured, removed or replaced by the franchisee, at its sole cost and expense, in such manner as shall be directed by the Township and shall not interfere with the Township's project. Should, however, any utility company be reimbursed for relocation of its facilities as part of the same project, the franchisee shall be reimbursed by the Township upon the same terms and conditions as the utilities.
The franchisee shall have the authority, at its sole cost and expense, to trim overhanging branches of trees coming in contact with the franchisee's wires and cables located within the right-of-way of a Township street, after providing reasonable notice of not less than 10 days to the Township. The franchisee shall reasonably compensate the Township or other property owner for any damages caused by such tree trimming.
In the event that it is necessary to temporarily move or remove any of the, franchisee's wires, cables, poles or other facilities in order to accommodate the movement of a large object, vehicle, building or other structure over the Township's streets and rights-of-way, such removal shall be at the expense of the person, other than the Township, requesting the temporary removal of such facilities. All such work shall be performed by the franchisee or under its direction and control. The franchisee may first require the deposit with it by the person, other than the Township, requesting such temporary removal of sufficient security to cover the costs of such removal and replacement. At least 10 days' prior written notice shall be given by the Township to the franchisee of any such requested temporary removal. The service disruption provisions of this chapter shall not apply to any such temporary service disruptions occasioned thereby, unless the franchisee fails and refuses to restore service within a commercially acceptable period of time.