The franchisee shall specify the construction
schedule.
A.Â
The construction, operation, maintenance, and repair
of the broadband system shall be in accordance with all applicable
sections of the Occupational Safety and Health Act of 1970, as amended;
the National Electrical Safety Code; the National Electric Code; FCC;
the Standards of Good Engineering Practices for Measurement of Cable
Television Systems of the National Cable Television Association; other
applicable federal, state, or local laws and regulations that may
apply to the operation, construction, maintenance, or repair of a
broadband system, including, without limitation, local zoning and
construction codes, and laws and accepted industry practices, all
as hereafter may be amended or adopted.
B.Â
All installation of electronic equipment shall be
of a permanent nature, using durable components.
C.Â
Without limiting the foregoing, antennas and their
supporting structures (towers) shall be painted, lighted, erected,
and maintained in accordance with all applicable rules and regulations
of the Federal Aviation Administration; Uwchlan Township Ordinance
No. 88-7[1] and all other applicable state or local laws, codes, and
regulations; all as hereafter may be amended or adopted.
D.Â
Without limiting the foregoing, all the franchisee's
plant and equipment, including, but not limited to, the antenna sites,
headend and distribution system, towers, house connections, structures,
poles, wires, cable, coaxial cable, fiber optic cable, fixtures, and
apparatuses shall be installed, located, erected, constructed, reconstructed,
replaced, removed, repaired, maintained, and operated in accordance
with good engineering practices, performed by experienced maintenance
and construction personnel so as not to endanger or interfere with
improvements the Township shall deem appropriate to make or to interfere
in any manner with the rights-of-way or legal rights of any property
owner or to unnecessarily hinder or obstruct pedestrian or vehicular
traffic.
E.Â
A 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.
F.Â
Any and all streets, public property, or private property
which are disturbed or damaged during the construction, repair, replacement,
relocation, operation, maintenance, or construction of the broadband
system shall be promptly repaired by the franchisee at its expense,
and in strict compliance with all applicable Township standards.
G.Â
A franchisee shall, at its expense and by a time specified
by the Township, protect, support, temporarily disconnect, relocate,
or remove any of its property when required by the Township by reason
of traffic conditions, public safety, street construction, street
resurfacing or widening, change of street grade, installation of sewers,
drains, water pipes, power lines, signal lines, tracks, or any other
type of municipal, public utility improvements, street vacation, or
for any other purpose where the convenience of the Township would
be served thereby; provided, however, that the franchisee shall, in
all such cases, have the privilege of abandoning any property in place.
H.Â
If any removal, re-laying, or relocation is required
to accommodate the construction, operation, or repair of the facilities
of another person that is authorized to use the public streets, a
franchisee shall, after 30 days' advance written notice, take action
to effect the necessary changes requested by the responsible entity.
The Township may resolve disputes as to responsibility for costs associated
with the removal, re-laying, or relocation of facilities among those
authorized to install facilities in the public streets if the parties
are unable to do so themselves.
I.Â
In the event of an emergency, or where a broadband
system creates or is contributing to an imminent danger to health,
safety, or property, the Township may remove, re-lay, or relocate
that broadband system subject to such prior notice to the franchisee
as may be reasonable under the circumstances giving rise to the emergency
or danger involved.
J.Â
A franchisee shall, on the request of any person holding
a building moving permit issued by the Township, temporarily raise
or lower its wires to permit the moving of buildings. The expense
of such temporary removal or raising or lowering of wires shall be
paid by the person requesting same, and the franchisee shall have
the authority to require such payment in advance, except in the case
where the requesting person is the Township, in which case no such
payment shall be required. The franchisee shall be given not less
than 10 days' advance notice to arrange for such temporary wire changes.
K.Â
A franchisee shall have the authority to trim trees
that overhang a street or public right-of-way of the Township so as
to prevent the branches of such trees from coming in contact with
the wires and cables of the franchisee, provided that the franchisee
provides reasonable prior notice to the Township and complies with
Township requirements. The Township shall have the right to supervise
such trimming.
L.Â
A franchisee shall use, with the owner's permission,
existing underground conduits or overhead utility facilities whenever
feasible and may not erect poles in public rights-of-way without the
express permission of the Township. Except as otherwise provided in
this section, a franchisee shall erect its facilities on existing
power and telephone poles pursuant to pole attachment agreements to
be entered into between franchisee and the utility companies having
ownership of or otherwise having jurisdiction over such existing power
and telephone poles. Copies of agreements for use of conduits or other
facilities shall be filed with the Township as required by the franchise
agreement or upon Township request. No new poles shall be set by franchisee
except where no poles exist or use of an existing utility pole is
not practicable due to excessive rearrangements or other conditions.
M.Â
On streets where electrical and telephone utility
wiring is located underground, either at the time of initial construction
of a cable system or at any time thereafter, a franchisee's cable
shall also be located underground at the franchisee's expense. Between
a street and a subscriber's residence, a franchisee's cable must be
located underground if both electrical and telephone utility wiring
are located underground. If either electric or telephone utility wiring
is aerial, a franchisee may install aerial cable except where a property
owner or resident requests underground installation and agrees to
bear the additional cost of such installation over and above the cost
of aerial installation.
N.Â
All wires, cable lines, and other transmission lines,
equipment, and structures shall be installed and located to cause
minimum interference with the rights and convenience of property owners,
and shall be constructed and maintained by a franchisee so as not
to interfere with television and radio reception by inhabitants not
using the services of the franchisee. The Township may issue such
rules and regulations concerning the installation and maintenance
of a broadband system installed in, on, or over the streets, as may
be consistent with this chapter and the franchise agreement. The Township
shall have the right to install and maintain free of charge upon the
poles owned by the franchisee any wire and pole fixtures that do not
unreasonably interfere with the broadband system operations of the
franchisee.
O.Â
All safety practices required by law shall be used
during construction, maintenance, and repair of a broadband system.
A franchisee shall not place facilities, equipment, or fixtures where
they will interfere with any gas, electric, telephone, water, sewer,
or other utility facilities, or obstruct or hinder in any manner the
various utilities serving the residents of the Township of their use
of any street or any other public right-of-way, and shall at all times
fully comply with the requirements of Act 287 pertaining to "Call
One."
P.Â
Prior to erection of any towers, poles, or conduits
or the construction, upgrade, or rebuild of a broadband system authorized
under this chapter, the franchisee 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, as required, together with a map and plans indicating the
proposed location of all such facilities. For the erection of towers,
the franchisee shall in addition comply with the requirements of Uwchlan
Township Ordinance No. 88-7[2] as may be amended from time to time. No erection or installation
of any tower, pole, underground conduit, or fixture or any rebuilds
or upgrading of the broadband system shall be commenced by any person
until approval therefor has been received from the Township.
Q.Â
Any contractor proposed for work or construction,
installation, operation, maintenance, or repair of broadband system
equipment must be properly licensed under laws of the state and all
applicable local ordinances.
R.Â
In the event the use of any part of a broadband system
is discontinued for any reason for a continuous period of 12 months,
or in the event such broadband system or property has been installed
in any street without complying with the requirements of this chapter
or a franchise agreement, or the franchise is terminated or canceled
or has expired, the franchisee, within 30 days after written notice
by the Township, shall commence removal from the streets of all such
property as the Township may require.
S.Â
The Township may extend the time for the removal of
abandoned facilities for a period not to exceed 180 days.
T.Â
In the event of such removal or abandonment, the franchisee
shall restore the area to a condition satisfactory to the Township.
Except for emergency repair work, a franchisee
shall publicize proposed construction work at least one week prior
to commencement of that work by causing written notice of such construction
work to be delivered to the Township Manager and by making reasonable
efforts to notify those persons most likely to be affected by the
work in at least one of the following ways: by telephone, in person,
by mail, by distribution of flyers to residences, or in any other
manner reasonably calculated to provide adequate notice.