Grantee shall comply with all generally applicable codes and
ordinances with respect to construction within rights-of-way, and
shall obtain all necessary permits and licenses required by federal,
state and local law, ordinances and rules as required of other like
users of the rights-of-way, before commencing construction in grantor
rights-of-way. A grantee shall furnish to grantor a written description
of its system, including the size, appearance, and location of aboveground
facilities, boxes, pedestals, and equipment being installed under
their permit. The grantor may review the submittal for compliance
with the grantor ordinances and include this as an exhibit in a franchise.
This requirement shall not be interpreted or construed in any way
to require a grantee to obtain from grantor prior approval, authorization,
permits, or licenses to repair aboveground appurtenances, pedestals,
and similar equipment or replace with facilities of the same or comparable
size, or to perform maintenance or repairs on any part of the system
where the right-of-way is not being disturbed.
As a minimum, and without limitation, grantee shall adhere to
the grantor's generally applicable ordinances relating to rights-of-way
construction and use safety standards and all building and zoning
codes currently or hereafter in force in the grantor. The construction,
installation, and maintenance of the cable system shall be effectuated
by grantee in a manner that is consistent with the laws, ordinances
and construction standards of the Commonwealth of Pennsylvania, all
applicable industry standards, the Occupational Safety and Health
Administration, FCC, and the Standards of Good Engineering Practices
for Measurement of Cable Systems of the National Cable Television
Association to the extent applicable, as well as all other valid generally
applicable laws, rules, regulations and ordinances, federal, state
and local, as the same may be modified or amended from time to time,
pursuant to the grantor's legitimate exercise of its police powers.
A grantee shall construct and maintain its cable system so as
to minimize any adverse impact on public improvements or facilities
of others in a rights-of-way and which will not unnecessarily interfere
with the usual and customary uses in the rights-of-way.
A.
A grantee shall not erect, for any reason, any pole on or along any
rights-of-way or in an existing aerial utility system without the
prior approval of the grantor or owner of the facilities proposed
to be attached to. A grantee shall negotiate with the grantor or,
as applicable, any private utility and furnish grantor with a copy
of a current pole attachment agreement or agreement for conduit use,
or both, before commencement of construction.
B.
Aboveground location of cable system and related facilities shall
generally be located where reasonable and safe and in a manner that
will not adversely affect the grantor or other public or private property.
Nothing herein or in a franchise shall be construed to prevent
the grantor from constructing sewers, grading, paving, repairing or
altering any rights-of-way, or laying down, repairing or removing
water mains or constructing or establishing any other public work.
All such work shall be done, insofar as practicable, in such manner
as not to obstruct, injure or prevent the free use and operation of
poles, wires, conduits, conductors, pipes or appurtenances of grantee.
If any such facilities of grantee shall interfere with the construction
or repair of any rights-of-way or public improvement, then upon 30
days' written notice all such property of the grantee shall be removed
or replaced in such manner as shall be directed by the grantor so
that the same shall not interfere with the public works of the grantor.
Such removal or replacement shall be at the expense of grantee. The
grantee shall at all times have the right to abandon its property.
However, any such abandonment shall be in accordance with pole attachment
agreements, a franchise, and valid applicable state, federal and local
law.
In those areas within the grantor where cable system facilities
and other utilities are currently placed underground, all cable system
facilities shall remain or be placed underground. In areas where telephone
and electric utility facilities are above ground at the time of a
grantee's installation, grantee may install its cable system
facilities above ground, provided that at such time as both electric
and telephone utility facilities are placed underground, grantee shall
likewise place its cable system facilities underground without cost
to the grantor. Nothing contained in this section shall require grantee
to construct, operate and maintain underground any ground-mounted
appurtenances.
A grantee shall offer cable services to residential development
constructed or erected after the date of this chapter, provided the
dwelling units meet the density requirement specified herein. The
developer or subdivider developing any residential development within
the grantor shall give advance written notice to grantee of the beginning
of excavation for or construction of off-site improvements in any
residential development to enable installation of such conduit, pedestals,
substructures and other equipment as may be necessary to provide cable
service to the residential units in such a development so as to provide
minimal interference with surface improvements. The same density requirements
shall apply as defined in this chapter. If the developer gives the
grantee adequate notice (as defined below), then grantee shall be
obligated to install all cable lines underground at the time the subdivision
is constructed rather than when the individual lots are actually occupied.
A.
In cases of new construction or property development where utilities
are to be placed underground, the developer or property owner shall
give the grantee at least 10 days' written notice of such construction
or development, and of the particular date on which open trenching
will be available for the grantee's installation of conduit and/or
cable. The grantee shall provide specifications as needed for trenching.
B.
Cost of trenching and easements required to bring cable service to
the development shall be borne by the developer or property owner;
provided, however, that if the grantee fails to install its conduit
and/or cable within 10 working days of the date the trenches are available,
as designated in the notice given by the developer or property owner,
and the trenches are closed after the ten-day period, the cost of
new trenching shall be borne by the grantee.[1]
A.
Grantee shall endeavor to minimize the occurrence of damage to improvements
in the rights-of-way and all public and private property. If damage
occurs, grantee shall promptly notify the property owner within seven
days in writing. Whenever the grantee disturbs or damages any rights-of-way,
other public property or any private property, the grantee shall promptly
restore the property to a condition reasonably comparable to that
existing immediately prior to the disturbance. In addition, if grantee
is restoring rights-of-way, it shall do so in accordance with all
applicable requirements. If restoration is not satisfactorily performed
by the grantee within a reasonable time, the grantor may, after prior
written notice to the grantee, or without notice where the disturbance
or damage may create a risk to public health or safety, cause the
repairs to be made and recover the costs of those repairs from grantee.
Within 30 days of receipt of an itemized proof of payment of those
costs, including the cost of labor, materials and equipment, the grantee
shall pay the grantor.
B.
Upon completion of work which caused any disturbance or damage to
private property, grantee shall promptly commence restoration and
will use its best efforts to commence the restoration within 72 hours
of written notice from grantor, weather permitting and considering
the nature of the work that must be performed. Grantee shall also
perform such restoration in accordance with any customer service standards
required by a franchise.
C.
When grantee excavates the surface of any rights-of-way, grantee
shall be responsible for restoration of such excavation in accordance
with all grantor general ordinances, rules, regulations and standards.
Throughout the term of its franchise, grantee's cable system
and related facilities, including aboveground pedestals, vaults, boxes,
generators, power supplies or structures of any kind, shall be maintained
in proper order and repair.
D.
Upon completion of restoration in any area, grantee will notify the
grantor.
E.
If grantee enters private property for the purposes of construction
where there is no dedicated public easement, grantee shall first secure
the private property owner's consent.
A.
Subject to the generally applicable ordinances of grantor, a franchise
and this chapter establish the general rules and scope of authority
for grantee to construct and maintain and operate its cable system
within the rights-of-way of the grantor. Grantee shall designate a
responsible contact person including a telephone number available
seven days a week, 24 hours a day, with whom representatives of the
grantor can communicate with on all matters relating to cable system
installation, construction, operation, and maintenance.
B.
Prior to any excavation within the rights-of-way, a grantee shall obtain a permit, pay all applicable fees, and perform such work in accordance with applicable provisions of a franchise, and/or other applicable ordinances or regulations with respect to excavation work. Notwithstanding the above, no permit shall be required for cable service drops for individual subscribers, servicing of pedestals, or other routine maintenance of the cable system that does not result in surface disturbance of the public right-of-way as outlined in § 92-31.
C.
A grantee must be current with all requirements of this chapter and
all franchise requirements, including payment of required fees and
charges and insurance, before a permit is issued by grantor.
Grantee shall keep and maintain accurate records and as-built drawings of its cable system constructed, reconstructed, or relocated within the grantor's rights-of-way in accordance with § 92-24 of this chapter. Grantee shall cooperate promptly and fully with the grantor and take all reasonable measures necessary to provide accurate and complete information regarding the nature and location of its cable system located within the rights-of-way when requested by the grantor to facilitate public improvements. Such location maps and information shall be at the sole expense of grantee without expense to a grantor, its employees, agents, or authorized contractors.
All earth, materials, sidewalks, pavings, crossings, utilities,
public improvements, or improvements of any kind disturbed or removed
by a grantee in its activities under its franchise shall be fully
repaired or replaced promptly by a grantee and as required elsewhere
in this chapter and the franchise agreement and as may be required
in accordance with applicable grantor's streets and sidewalks
design standards and state law. Any such repair or replacement shall
be at grantee's sole expense and to the reasonable satisfaction
of the grantor or owner thereof.
The grantor has the responsibility to manage and control use
of the rights-of-way or utility easements within the grantor's
jurisdictional boundaries. In accordance with applicable law, including
ordinances of general application, the grantor has the authority to
administer and enforce rights-of-way construction standards for grantee's
cable system on a nondiscriminatory basis, including the authority
to collect permit fees, review plans, and enforce the provisions of
a franchise, and may utilize the assistance of qualified independent
third parties.
A.
Upon reasonable notice, the grantor has the right to inspect all
construction or installation work performed subject to the provisions
of this chapter and applicable franchises of the grantor, and to make
such tests as it shall find necessary to ensure compliance with the
terms of a franchise and applicable requirements of the grantor; provided,
however, that a representative of grantee is present for all such
testing, which shall occur during normal business hours (generally
between the hours of 9:00 a.m. and 5:00 p.m.).
B.
Nothing in this chapter or a franchise granted pursuant to it gives
permission to use the poles, conduit or other facilities of the grantor
or others. A separate agreement for such use or connection shall be
the responsibility of grantee.
A.
A grantee shall make available, upon request, to the grantor the
names and addresses of any person, contractor, subcontractor, agent,
representative or entity other than the grantee, which performs services
pursuant to a franchise; provided however, that all provisions of
this chapter and a franchise remain the responsibility of a grantee.
B.
All provisions of a franchise shall apply to any of a grantee's
subcontractors or others performing any work or services pursuant
to the provisions of a franchise.
