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.