Within thirty 30 days after acceptance by the grantee of a franchise
to construct a new cable communications system, the grantee shall apply for
any needed contracts for pole use. Pole space and other facilities obtained
from the township, utilities and other lawful users of the public way shall
be at the cost and expense of the grantee. Within 30 days after completion
of the make-ready survey identifying the routes of the system facility, the
grantee shall apply for all additional licenses from the Commonwealth, township
or other necessary parties, such as the railroads for crossing under or over
their property. In any event, all necessary applications for permits, licenses,
certificates and authorizations shall be applied for in a timely fashion so
that such filing and processing shall not interfere with or cause delay with
the construction scheduled as outlined in the franchise. Time periods for
the upgrade or rebuild of an existing cable system shall be specified in the
franchise.
A.
Compliance with construction and technical standards.
The grantee shall construct, rebuild, install, operate and maintain its system
in a manner consistent with all laws, ordinances, construction standards or
guidelines, governmental requirements, FCC technical standards and detailed
technical standards provided for in the franchise. The system shall be designed,
constructed, operated and maintained for twenty-four-hours-a-day continuous
operation. The system shall be designed, operated and maintained so as not
to cause any material degradation of video or audio quality of the services
provided.
B.
State of the art. The grantee shall construct, install,
operate and maintain its system in accordance with the highest standards of
the art of cable communications, such standards to include but not be limited
to the following:
C.
Township approval of construction plans. Prior to the
erection of any towers, poles or conduits or the upgrade or rebuild of the
cable communications system under this ordinance, the grantee shall first
submit to the township and other designated parties for approval a concise
description of the facilities proposed to be erected or installed, including
engineering drawings, if required, together with a map and plans indicating
the proposed location of all such facilities. No erection or installation
of any tower, pole, underground conduit or fixture or any rebuilds or upgrading
of the cable communications system shall be commenced by any person until
approval therefor has been received from the township. Approval of new construction
or rebuild design plans shall be deemed granted for any submission made to
the township unless expressly disapproved within 30 days. All other approvals,
such as permits, will be provided within the timeframes specified by relevant
law and regulation.
D.
Contractor qualifications. Any contractor proposed for
work of construction, installation, operation, maintenance and repair of system
equipment must be properly licensed under the the laws of the Commonwealth
and all local ordinances.
E.
Minimum interference. The grantee's system and associated
equipment erected by the grantee within the township shall be so located as
to cause minimum interference with the proper use of streets, alleys and other
public ways and places and to cause minimum interference with the rights and
reasonable convenience of property owners who adjoin any of said streets,
alleys or other public ways and places. No pole or other fixtures placed in
any public ways by the grantee shall be placed in such a manner as to interfere
with normal travel on such public way.
F.
Township maps. The township does not guarantee the accuracy
of any maps showing the horizontal or vertical location of existing substructures.
In public rights-of-way, where necessary, the location shall be verified by
excavation.
G.
Quality of construction. Construction, installation,
operation and maintenance of the cable communications system shall be performed
in an orderly and workmanlike manner, in accordance with then current technological
standards and the manufacturer's specifications. All cables and wires
shall be installed, where possible, parallel with electric and telephone lines.
Multiple cable configurations shall be arranged in parallel and bundled with
due respect for aesthetic and engineering considerations.
H.
Construction standards. The construction, installation,
operation, maintenance and/or removal of the cable communications system shall
meet all of the following safety, construction and technical specifications
and codes and standards:
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Occupational Safety and Health Administration Regulations (OSHA)
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National Electrical Code
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National Electrical Safety Code (NESC)
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National Cable Television Standard Code
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AT&T Manual of Construction Procedures (Blue Book)
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Bell Telephone Systems Code of Pole Line Construction
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All federal, state and municipal construction
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requirements, including FCC rules and regulations
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Utility construction requirements
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All building and zoning codes and all land use restrictions as the same
exist or may be amended hereafter
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I.
Right to inspection of construction. The township or
its designee shall have the right to inspect at any time all construction
or installation work performed subject to the provisions of this ordinance
and the franchise and to make such tests as it shall deem necessary to ensure
compliance with the terms of this ordinance, the franchise and all other applicable
law. The grantee shall cooperate fully with the township during all inspections
and tests and shall provide access to all equipment, records and other materials
and information necessary for such inspections and tests. Except as otherwise
provided by this ordinance, the franchise, law, regulation or ordinance, all
inspections and tests performed by the township shall be initially at the
township's sole cost and expense. If the grantee is found not to be in
material compliance with the terms of the ordinance and all other applicable
law, then the grantee must reimburse the township for the costs of such inspections
and tests. This will not be deducted from any other fees owed the township.
J.
Antennas. Any antenna structure used in the cable communications
system shall comply with construction, marking and lighting of antenna structure
standards as required by federal and state law or regulation.
K.
OSHA. All worker facilities, conditions and procedures
that are used during construction, installation, operation and maintenance
of the cable system shall comply with the standards of the Occupational Safety
and Health Administration (OSHA).
L.
RF leakage. RF leakage shall not exceed FCC permitted
maximum levels as evidenced by annual cumulative leakage index measurements.
FCC rules and regulations shall govern. The system shall cause no measurable
interference in television signal reception to any operating receiver not
connected to and serviced by the system.
M.
Standby power. The grantee shall maintain equipment capable
of providing standby power for a minimum of eight hours for the headend and
two hours for the distribution system.
The franchise shall specify the rebuild or the initial construction
timetable. The timetable shall be a monthly schedule by neighborhood sections
of the township.
The grantee shall provide service to all dwelling units and commercial
entities requesting service within the township and any areas annexed to the
township within six months of such request, subject to any line extension
requirements specified in the franchise agreement.
A.
Underground installation. All installations shall be
underground in those areas of the township where public utilities providing
telephone and electric service are underground at the time of installation.
In areas where either telephone or electric utility facilities are aboveground
at the time of installation, the grantee may install its service aboveground,
provided that at such time as those facilities are required to be placed underground
by the township or are placed underground, the grantee shall likewise place
its services underground without additional cost to the township or to the
individual subscribers so served within the township. Where not otherwise
required to be placed underground by this ordinance or the franchise, the
grantee's system shall be located underground at the request of the adjacent
property owner, provided that the excess cost over the aerial location shall
be borne by the property owner making the request. All cable passing under
the roadway shall be installed in conduit.
B.
Pedestals. Any pedestals housing minihubs, power supplies,
switching or other equipment to be located in the public rights-of-way shall
be shown in plan and cross-section on the design plans for permits.
C.
Permits. Where otherwise required, the grantee shall
in each case file plans with the appropriate township agencies, enter into
use agreements with the utility companies, obtain all construction permits
and receive written approval of the township before proceeding.
D.
Construction notice. The grantee shall give appropriate
notice to the township and residents within a reasonable period of time of
proposed construction, excavation, laying or stringing of cable under streets
or on poles, but in no event shall such notice be given less than 14 days
before such commencement.
E.
Interference with persons, improvements, public and private
property and utilities. The grantee's system and facilities, including
poles, lines, equipment and all appurtenances, shall be located, erected and
maintained so that such facilities shall:
(1)
Not endanger or interfere with the health, safety or
lives of persons.
(2)
Not interfere with any improvements the township, county
or commonwealth may deem proper to make.
(3)
Not interfere with the free and proper use of public
streets, alleys, bridges, easements or other public ways, places or property,
except to the minimum extent possible during actual construction or repair.
(4)
Not interfere with the rights and reasonable convenience
of private property owners, except to the minimum extent possible during actual
construction or repair.
(5)
Not obstruct, hinder or interfere with any gas, electric,
water or telephone facilities or other utilities located within the township.
F.
Restoration to prior condition. In case of any disturbance
of pavement, sidewalk, driveway or other surfacing, the grantee shall, at
its own cost and expense and in a manner approved by the township, replace
and restore all paving, sidewalk, driveway, landscaping or surface of any
street or alley disturbed, in as good a condition as, or better than, before
said work was commenced and in a good workmanlike, timely manner in accordance
with standards for such work set by the township. Weather permitting, such
restoration shall be undertaken within no more than 10 business days after
the damage is incurred, and the grantee shall use its best efforts to complete
the restoration as soon as possible thereafter.
G.
Disconnection and relocation. The grantee shall, at its
sole cost and expense, protect, support, temporarily disconnect, relocate
in the same street, or other streets and public grounds, or remove from any
street or any other public ways and places, and of its property as reason
of traffic conditions, public safety, street construction, change or establishment
of street grade or the construction of any public improvement or structure
by any township department.
H.
Private property. The grantee shall be subject to all
laws, ordinances or regulations regarding private property or regulations
regarding private property in the course of constructing, installing, operating
or maintaining the cable communications system in the Township of Upper Merion.
The grantee shall promptly repair or replace all private property, both real
and personal, damaged or destroyed as a result of the construction, installation,
operating or maintenance of the cable communications system at its sole cost
and expense.
I.
Cooperation with building movers. The grantee shall,
on the request of any person holding a building moving permit issued by the
township, temporarily raise or lower its wire to permit the moving of buildings.
The expense of such temporary removal, raising or lowering of wires shall
be paid by the person requesting the same, and the grantee shall have the
authority to require such payment in advance. The grantee shall be given not
less than 15 business days' advance notice to arrange for such temporary
wire changes.
J.
Tree trimming. The grantee may trim trees or other vegetation
owned by the township to prevent branches, leaves or roots from touching or
otherwise interfering with its wires, cables or other structures as approved
by the township.
(1)
All tree/root trimming or pruning provided for herewith
shall be done under the supervision and direction of the appropriate township
agency and only with its prior written approval.
(2)
All trimming or pruning shall be at the expense of the
grantee.
(3)
The grantee may contract for such trimming or pruning
services with any person approved by the township prior to rendering of such
services.
(4)
Any and all persons engaged by the grantee to provide
tree trimming or pruning services shall be deemed, for purposes of the franchise,
an employee or agent of grantee when engaged in such activity; and in no event
shall such person be deemed to be an employee of the township.
(5)
The grantee shall use its best efforts to obtain the
prior permission of the owner of any privately owned trees or other vegetation
before it prunes or trims the same.
(6)
The grantee shall give appropriate notice to the township
and residents within a reasonable time of proposed tree/root trimming and
pruning, but in no event other than where a threat to public safety or property
exists shall such notice be given less than seven days before such commencement.
K.
Public property. In addition to the requirements of § A171-34C, the grantee shall, prior to performing any underground construction, receive township approval to construct and the grantee shall use its best efforts to locate, in advance, any water, sewage and drainage lines. Where any damages or alterations occur to the township's water, sewage or drainage lines or to any other municipal structures in the streets during the construction due to the presence, negligence, operation or maintenance of the cable communications system, the sole cost of such repairs, including all services and materials, will be billed against the grantee, and these charges shall be paid immediately or the township may foreclose on performance bonds or invoke other appropriate sanctions provided for in this ordinance.
L.
Easements. All necessary easements over and under private
property shall be arranged for by the grantee.
No poles shall be erected by the grantee without prior approval of the
township with regard to location, height, types and any other pertinent aspect.
No conduit shall be installed by the grantee in any public right-of-way
without prior approval of the township with regard to location and any other
pertinent aspect.
A.
Progress reports. Within 30 days of the granting of a
franchise to construct a new system pursuant to this ordinance, the grantee
shall provide the township with a written progress report detailing work completed
to date and a schedule for completion of construction. Such report shall include
a description of the progress in applying for any necessary agreements, licenses
or certifications and any other information the Township Manager may deem
necessary. The content and format of the report will be determined by the
Township Manager and may be modified at his/her discretion. The timeframe
established above shall not apply to the upgrade or rebuild of an existing
system.
B.
Timeframe for reports. Written progress reports, as described in Subsection A above, shall be submitted to the township on a bimonthly basis throughout the new construction or rebuild process. The Township Manager may require more frequent reporting if he/she determines it is necessary to better monitor the grantee's progress. The grantee shall coordinate with the township prior to construction on major highways, including U.S. 202, North and South Gulph Road and North and South Henderson Road.
C.
Subscriber information. Prior to the commencement of
any major system construction, the grantee shall produce an informational
document to be distributed to all residents of the area to be under construction
which shall describe the activity that will be taking place. The informational
document shall be reviewed and approved by the Township Manager prior to its
distribution.
A.
Completion tests. Not later than 45 days after any new
or substantially rebuilt portion of the system is made available for service
to subscribers, and thereafter on the annual anniversary of the effective
date of the franchise, the grantee shall conduct technical performance tests
to demonstrate full compliance with all technical standards contained in this
ordinance and the franchise and the technical standards and guidelines of
the FCC.
B.
Methodology. Such tests shall be performed by or under
the supervision of a qualified engineer. A copy of the report shall be submitted
to the township describing test results, instrumentation, calibration and
test procedures and the qualification of the engineer responsible for the
tests.
C.
Test points. System monitor test points shall be established
at or near the output of the last amplifier in the longest feeder line, at
or near trunk line extremities. Such periodic tests shall be made at the test
points as shall be required by the FCC and/or the franchise.
D.
FCC tests. In addition to the performance test reports
required herein, a copy of any performance test reports required by the FCC
shall be submitted to the township within 60 days of completion.
E.
Township required tests. Whenever there have been similar
complaints made or when there exists other evidence, which, in the judgment
of the township, casts doubt on the reliability or quality of the grantee's
system, the township shall have the right and authority to compel the grantee
to test, analyze and report on the performance of its system with respect
to the specified complaints. The township may require additional tests, full
or partial repeat tests, different test procedures or tests involving a specific
subscriber's terminal. Reports on such tests shall be delivered to the
township no later than 30 days after the township formally notifies the grantee.
The report shall include the following information: the nature of the complaints
which precipitated the special tests; what system component was tested; the
equipment used and procedures employed in said testing; the results of such
tests; and methods by which said complaints were resolved. Said tests and
analyses shall be supervised by a professional engineer who shall sign all
records of the special tests and forward same to the township with a report
interpreting the results of the tests and recommending what actions should
be taken. If requested by the township, the grantee shall retain an independent
engineer to conduct such tests. The grantee shall bear the expense of the
tests if such tests indicate that the cable communications system does not
substantially comply with relevant laws and regulations.
F.
General maintenance. The grantee shall maintain wires,
cables and all other real and personal property and facilities constituting
the cable communications system in good condition, order and repair at all
times during the term of the franchise.
G.
Maintenance log. The grantee shall maintain an annual
log showing the date, approximate time and duration, type and probable cause
of all cable communications system outages, whole or partial, due to causes
other than routine testing or maintenance. The entries in such log shall be
retained by the grantee for one additional year and shall be subject to inspection
and copying by the township or its designee during the grantee's regular
business hours, upon reasonable request.
H.
Service interruption. Except where there exists an emergency
situation necessitating a more expeditious procedure, the grantee may interrupt
service for the purpose of repairing, upgrading or testing the cable communications
system and will use its best efforts to conduct such interruption during periods
of minimum use and provide a minimum of 48 hours notice to affected subscribers.
I.
Signal leakage monitoring. Signal leakage monitoring
shall be conducted by all maintenance technicians on an ongoing basis. The
results of said monitoring shall be made available to the township upon request.
