For the purpose of operating and maintaining
a cable communications system in the Borough, a grantee may erect,
install, construct, repair, reconstruct and retain in, on, over, under,
upon, across and along the public streets and ways within the Borough
such wires, cable, conductors, ducts, conduits, vaults, manholes,
amplifiers, appliances, pedestals, attachments and other property
and equipment as are necessary to the operation of the cable communications
systems; provided, however, that grantee complies with all design,
construction, safety, and performance provisions contained in this
chapter, the franchise agreement, and other applicable laws, including
but not limited to the Federal Technical Performance Standards, National
Electrical Safety Code (current edition) and the power company and
telephone company pole contract standards.
No poles shall be erected by a grantee without
prior approval of the Borough with regard to location, height, type
and any other pertinent aspect. However, no location of any pole of
the grantee shall be a vested right and such poles shall be removed
or modified by the grantee at its own expense whenever the Borough
determines that the public convenience would be enhanced thereby.
Grantee shall utilize existing poles and conduits, where possible.
The Borough shall have the right, during the life of the franchise,
to install and maintain free of charge upon the poles owned by the
grantee, any wire and pole fixtures that do not unreasonably interfere
with the operations of the grantee.
No cable communications system shall be allowed
to occupy or use the streets of the Borough or be allowed to operate
without a franchise.
The term of any franchise as granted pursuant
to this chapter shall be specified in the franchise agreement in the
discretion of the Borough.
Any franchise granted pursuant to this chapter
shall be nonexclusive. The Borough specifically reserves the right
to grant at any time such additional franchises for a cable communications
system as it deems appropriate; and/or build, operate and own such
cable communications system or systems as it deems appropriate.
All notices from grantee to the Borough pursuant
to this chapter and the franchise agreement shall be to the Borough
Manager or his designee. Grantee shall maintain with the Borough,
throughout the term of the franchise, an address for service of notices
by mail. Grantee shall also maintain with the Borough, a local office
and telephone number for the conduct of matters related to the franchise
during normal business hours. The grantee shall be required to advise
the Borough of such address and telephone numbers and any changes
thereof.