A.
Authorization to commence construction and application
procedures. Within 30 days after acceptance by the grantee of a franchise,
the grantee shall apply for any needed contracts for pole use. Pole
space and other facilities obtained from the town, 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 state, town 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. Failure
to make such timely application and timely filing shall constitute
a substantial violation of this chapter.
B.
Power to contract. Upon grant of the franchise and
in order to construct, operate and maintain a cable system in the
town, the grantee may enter into contracts with any public utility
companies or any other owner or lessee of any poles or underground
areas located within or without the town; obtain right-of-way permits
from appropriate town, state, county and federal officials necessary
to cross or otherwise use highways or roads under their respective
jurisdiction; obtain permission from the Federal Aviation Administration
to erect and maintain antennas; and obtain whatever other permits
a town, county, state or federal agency may require.
A.
Compliance with construction and technical standards.
The grantee shall construct, install, operate and maintain its system
in a manner consistent with all laws, local laws, construction standards,
governmental requirements, Federal Communications Commission technical
standards and detailed technical standards submitted by the grantee
as part of the application, which standards are incorporated by reference
herein. The system shall be designed, constructed, operated and maintained
for twenty-four-hour-a-day continuous operation. The system shall
produce, for reception on subscribers' receivers which are in
good working order, either monochrome or color pictures (provided
that the receiver is color-capable) which are free from any significant
interference or distortion which would cause any material degradation
of video or audio quality.
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:
(1)
The system will be spaced to permit a minimum of 750
MHz operation and will be capable of utilizing state-of-the-art converters
and be compatible with cable-ready television sets.
(2)
The system will utilize converters which will make
the system adaptable for the development of future services.
(3)
The grantee shall maintain its system facilities in
a manner which will continue to enable it to add new services and
associated equipment as they are developed, available and proved marketable
to subscribers. The new services and associated equipment will be
added to the system facilities when they are determined to be technically
reliable and adaptable to the system at a cost to the subscriber that
is acceptable in the marketplace.
C.
Prior to the erection of any towers, poles or conduits
or the upgrade or rebuild of the cable communications system under
this chapter, the grantee shall first submit to the town 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 town; provided,
further, that such approval shall not be unreasonably withheld.
D.
Contractor qualifications. Any contractor proposed
for work of construction, installation, operation, maintenance and
repair of system equipment must be properly licensed. In addition,
the grantee shall submit to the town a plan to hire persons locally
for the construction, installation, operation, maintenance and repair
of the system equipment consistent with federal regulations.
E.
The grantee's system and associated equipment
erected by the grantee within the town 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.
The town 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.
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. All cables and wires shall be installed, where possible,
parallel to electric and telephone lines. Multiple cable configurations
shall be arranged in parallel and bundled with due respect for engineering
considerations.
H.
The grantee shall at all times comply with:
(1)
The National Electrical Safety Code (National Bureau
of Standards).
(2)
The National Electrical Code (National Bureau of Fire
Underwriters).
(3)
The Bell System Code of Pole Line Construction.
(4)
Applicable Federal Communications Commission or other
federal, state and local regulations.
(5)
Standards as set forth in the franchise.
I.
In any event, the system shall not endanger or interfere
with the safety of persons or property in the franchise area or other
areas where the grantee may have equipment located.
J.
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.
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.
L.
RF leakage shall be checked at reception location
for emergency radio services to prove measurable interference signal
combinations are possible. Stray radiation shall be measured adjacent
to any proposed aeronautical navigation radio sites to prove no measurable
interference to airborne navigational reception in the normal flight
pattern. Federal Communications Commission 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.
The grantee shall maintain equipment capable of providing
standby power for a minimum of 24 hours for the head end and three
hours for all optical fiber node locations on the distribution system.
The franchise shall specify the construction
schedule.
A.
All installations shall be underground in those areas
of the town where public utilities providing telephone and electric
service are underground at the time of installation. In areas where
telephone or electric utility facilities are above the ground at the
time of installation, the grantee may install its service above the
ground, provided that at such time as those facilities are required
to be placed underground by the town or are placed underground, the
grantee shall likewise place its services underground without additional
cost to the town or to the individual subscriber so served with the
town. Where not otherwise required to be placed underground by this
chapter 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.
Prior to construction or alteration, however, the
grantee shall in each case file plans with the appropriate town agencies,
complete use agreements with the utility companies, obtain all construction
permits and receive written approval of the town before proceeding,
which approval shall not be unreasonably withheld.
C.
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 town, county
or state 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
town.
D.
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 town,
replace and restore all paving, sidewalk, driveway, landscaping or
surface of any street or alley disturbed, in as reasonably 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 town. Such restoration shall be undertaken within
no more than 10 business days after the damage is incurred and shall
be completed as soon as possible thereafter.
E.
Relocation of the facilities. In the event that at
any time during the period of the franchise, the town, county or state
shall lawfully elect to alter or change the grade of any street, alley
or other public ways, the grantee, upon reasonable notice by the proper
authority, shall remove or relocate as necessary its poles, wires,
cables, underground conduits, manholes and other fixtures at its own
expense.
F.
Cooperation with building movers. The grantee shall,
on the request of any person holding a building-moving permit issued
by the town, 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 working days' advance
notice to arrange for such temporary wire changes.
G.
Tree trimming. The grantee shall have the authority,
except when in conflict with existing town local laws, to trim any
trees upon and overhanging public right-of-way so as to prevent the
branches of such trees from coming in contact with system facilities,
except that at the option of the town, such trimming may be done by
it or under its supervision and direction at the expense of the grantee.
H.
Easements. All necessary easements over and under
private property shall be arranged for by the grantee.
I.
Private property. The grantee shall be subject to
all laws, local laws or regulations regarding private property in
the course of constructing, installing, operating or maintaining the
cable communications system in the Town of New Castle. The grantee
shall promptly repair or replace all private property, both real and
personal, damaged or destroyed as a result of the construction, installation,
operation or maintenance of the cable communications system, at its
sole cost and expense.
A.
No poles shall be erected by the grantee without prior
approval of the town with regard to location, height, types and any
other pertinent aspect. However, no location of any pole or wire-holding
structure of the grantee shall give rise to a vested interest, and
such poles or structures shall be removed or modified by the grantee
at its own expense whenever the town determines that the public convenience
would be enhanced thereby.
B.
Where poles already exist for use in serving the town
are available for use by the grantee but it does not make arrangements
for such use, the town may require the grantee to use such poles and
structures if it determines that the public convenience would be enhanced
thereby and the terms of the use available to the grantee are just
and reasonable.
A.
Within 30 days of the granting of a franchise pursuant
to this chapter, the grantee shall provide the town with a written
progress report detailing work completed to date. Such report shall
include a description of the progress in applying for any necessary
agreements, licenses or certifications and any other information the
Town Supervisor may deem necessary. The content and format of the
report will be determined by the Town Supervisor and may be modified
at his/her discretion.
B.
Such written progress reports shall be submitted to
the town on a monthly basis throughout the entire construction process.
The Town Supervisor may require more frequent reporting if he/she
determines it is necessary to better monitor the grantee's progress.
C.
Prior to the commencement of any 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 Town Supervisor prior
to its distribution.
A.
Not later than 30 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 chapter and the franchise and the technical standards and
guidelines of the Federal Communications Commission and the Commission.
B.
Such tests shall be performed by or under the supervision
of a qualified registered professional engineer or an engineer with
proper training and experience. A copy of the report shall be submitted
to the town, describing test results, instrumentation, calibration
and test procedures and the qualification of the engineer responsible
for the tests.
C.
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 Federal Communications
Commission and/or the franchise.
D.
In addition to the performance test reports required
herein, a copy of any performance test reports required by the Federal
Communications Commission shall be submitted to the town within 60
days of completion.
E.
Whenever there have been similar complaints made or
when there exists other evidence, which, in the judgment of the town,
casts doubt on the reliability or quality of the grantee's system,
the town shall have the right and authority to compel the grantee
to test, analyze and report on the performance of its system. The
town 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 town no later than
14 days after the town formally notifies the grantee and shall include
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 not on the permanent staff
of the grantee who shall sign all records of the special tests and
forward the same to the town with a report interpreting the results
of the tests and recommending what actions should be taken by the
town. All such tests shall be at the expense of the grantee.
