A.Â
Throughout the term of the franchise agreement, the
franchisee shall construct, operate, maintain and upgrade the cable
system to ensure that it continuously conforms to the state-of-the-art
in accordance with the requirements set forth, as follows: new services,
associated equipment and facilities necessary to implement the state-of-the-art.
A state-of-the-art upgrade shall be added to the cable system within
two years of when they are provided in 40% of other similar-sized
systems owned by the franchisee in Chester County; or are provided
in 40% of like-sized systems owned by other operators in Pennsylvania,
excluding experimental and pilot projects. Notwithstanding the foregoing,
the franchisee shall not be required to provide any new services unless
and until the township has approved a rate plan, where such approval
is required, that will allow full recovery of the cost of providing
any such new services over the then-remaining term of the franchise
agreement.
B.Â
The franchisee shall provide the township with a description
of the cable system proposed for construction pursuant to the grant
by the Board of a franchise, excluding any proprietary information.
Upon request by the township, and completion of the cable system,
or any upgrade thereof, the franchisee shall submit to the township
"as built" maps/plans of the entire cable system, and/or upgrade,
to the extent such maps/plans have not been previously provided to
the township.
C.Â
By acceptance of a franchise agreement, a franchisee agrees to comply with each of the terms set forth in this Article IV, § A87-19 governing the construction and the technical requirements of a cable system or any upgrade of the cable system, and, in addition, to any other requirements or procedures reasonably required by the township and consistent with the franchise agreement.
A.Â
After cable service has been established by activating
trunk distribution cable for any area, the franchisee shall provide
cable/telecommunications service to any household requesting cable
service within that area.
B.Â
The franchisee shall install and provide basic cable
to all public buildings designated below. Each of these installations
shall include signal drop, at least one outlet and one converter (or
such other terminal equipment as may be necessary to provide an electronic
interface with a television receive) provided that the franchisee
shall provide as many connections within the township's buildings
as the township shall require. The franchisee will provide internal
building wiring at its own cost for time and materials, and such wiring
and other equipment as may be necessary shall remain the property
of the franchisee. The public buildings to be provided with basic
cable service shall include, but not be limited to, the following
within the franchisee's franchise area within the township: all fire
companies, all owned or leased township buildings, the township's
Public Works garages, the township Police Department, all public and
parochial schools and colleges within the franchisee's franchise area.
The cable system shall be designed, constructed
and operated so as to meet those standards promulgated by the FCC
relating to cable systems contained in Subpart K of Part 76 (or subsequent
Subparts) of the FCC's promulgated Rules and Regulations as may, from
time to time, be issued, revised and updated.