Borough of New Britain, PA Article VI Design and Construction Provisions

§ 151-33 Authority to construct.

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 Borough, utilities, and other lawful uses 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, Borough, 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.

B. Power to contract. Upon grant of the franchise and in order to construct, operate and maintain a cable system in the Borough, the grantee shall obtain right-of-way permits from appropriate Borough, commonwealth, county, and federal officials necessary to cross or otherwise use highways or roads under their respective jurisdiction; obtain permission, when required, from the Federal Aviation Administration to erect and maintain antennas; and obtain whatever other permits a Borough, county, commonwealth or federal agency may require.

§ 151-34 Construction and technical standards.

A. Compliance with construction and technical standards. Grantee shall construct, rebuild, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, FCC technical standards, and detailed technical standards submitted by grantee as part of its application, which standards are incorporated by reference herein. The grantee, through the system, shall provide uniform, strong signals which are free from any significant distortion and interference. The system shall be designed, constructed, operated and maintained for twenty-four-hours-a-day continuous operation. The system shall produce, for reception on subscribers' receivers which are in good working order, either monochrome or color pictures (providing 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 then-current standards of the art of cable communications, such standards to include, but not be limited to the following:

(1) The system will be constructed to permit a minimum of 750 MHz operation.

(2) The grantee shall maintain its system facilities in a manner which will continue to enable it to add new services and associated equipment as specified in the franchise agreement.

C. Borough 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 chapter, the grantee shall first submit to the Borough 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 Borough. Approval of each phase of new construction or rebuild design plans shall be deemed granted for any submission made to the Borough unless expressly disapproved within 60 days. All other approvals, such as permits, will be provided within the time frames 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 laws of the commonwealth and all local ordinances.

E. Minimum interference. The grantee's system and associated equipment erected by the grantee within the Borough 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 the 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. Borough maps. The Borough 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 engineering considerations.

H. Construction standards. Grantee shall at all times comply with:

(1) National Electrical Safety Code (National Bureau of Standards);

(2) National Electrical Code (National Bureau of Fire Underwriters);

(3) Bell System Code of Pole Line Construction;

(4) Applicable FCC or other federal, commonwealth and local regulations; and standards as set forth in the franchise.

I. Noninterference. 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. 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 commonwealth 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.

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 TV 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 head end and two hours for transportation and trunk amplifiers.

§ 151-35 System construction schedule.

The franchise shall specify the construction schedule.

§ 151-36 Extension of service.

The grantee shall provide service to all dwelling units or commercial entities requesting service and in any additional areas annexed to the Borough within six months of such request, subject to any line extension requirements specified in the franchise agreement.

§ 151-37 Use of streets.

A. Underground installation. All installations shall be underground in those areas of the Borough where public utilities providing both 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, grantee may install its service aboveground, provided that at such time as those facilities are required to be placed underground by the Borough or are placed underground, the grantee shall likewise place its services underground without additional cost to the Borough or to the individual subscriber so served within the Borough. 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. Permits. Prior to construction or alteration, however, the grantee shall in each case file plans with the appropriate Borough agencies, complete use agreements with the utility companies, obtain all construction permits and receive written approval of the Borough before proceeding, which approval shall not be unreasonably withheld or delayed.

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 or persons;

(2) Not interfere with any improvements the Borough, 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; and

(5) Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the Borough.

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 Borough, 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 Borough. Weather permitting, 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.

E. Relocation of the facilities. In the event that at any time during the period of the franchise, the Borough, county or commonwealth 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 Borough, 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 Borough ordinances, 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 Borough, 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 the responsibility of the grantee.

I. Private property. Grantee shall be subject to all laws, ordinances or regulations regarding private property in the course of constructing, installing, operating or maintaining the cable communications system in the Borough of New Britain. 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.

§ 151-38 Approval for erection of poles; removal and common use of poles.

No poles shall be erected by the grantee without prior approval of the Borough with regard to location, height, types and any other pertinent aspect and consideration given by the Borough to the availability of existing poles and local aesthetics. 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 Borough determines that the public convenience would be enhanced thereby.

§ 151-39 Construction reporting requirements.

A. Progress reports. Within 30 days of the granting of a franchise to construct a new system pursuant to this chapter, the grantee shall provide the Borough 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 Borough Manager may deem necessary. The content and format of the report will be determined by the Borough Manager and may be modified at his/her discretion. The time frame established above shall not apply to the upgrade or rebuild of an existing system.

B. Time frame for reports. Written progress reports as described in Subsection A above shall be submitted to the Borough on a bimonthly basis throughout the new construction or rebuild process. The Borough Manager may require more frequent reporting if he/she determines it is necessary to better monitor the grantee's progress.

C. Subscriber information. Prior to the commencement of any significant 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 Borough Manager prior to its distribution.

§ 151-40 Tests and performance monitoring.

A. Completion tests. Not later than 60 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 FCC.

B. Methodology. Such tests shall be performed by, or under the supervision of a qualified engineer or technician with proper training and experience. A copy of the report shall be submitted to the Borough, 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 Borough within 60 days of completion.

E. Borough-required tests. Whenever there have been similar complaints made or when there exists other evidence, which, in the judgment of the Borough, casts doubt on the reliability or quality of the grantee's system, the Borough 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. To the extent permitted by law or regulation, the Borough 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 Borough no later than 30 days after the Borough formally notifies the grantee and 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 qualified engineer or technician, who shall sign all records of the special tests and forward same to the Borough with a report interpreting the results of the tests and recommending what actions should be taken. If requested by the Borough, and at the Borough's expense, the grantee shall allow an independent engineer to conduct such tests. Grantee shall reimburse the Borough for the expense of the tests if such tests indicate that the cable communications system does not substantially comply with relevant laws and regulations.