A.
A grantee's proposal shall clearly indicate the date by which
system engineering and design shall be completed and dates on which
each stage of system construction shall be completed.
B.
The energized cable shall be extended substantially throughout the
Township (as determined by the Township) within 18 months after commencement
of construction. All persons along the route of the energized cable
who desire them shall have individual drops installed within the same
period of time.
C.
A map prepared by the grantee reflecting the areas within the Township
initially served by the system along with the schedule for development
of the system shall be included in the grantee's proposal. A
grantee shall provide service to all areas within the Township.
D.
The Township shall cooperate with a grantee in the development of
its proposed service area by making available to a grantee for copying
all maps, data and other statistical information, then in possession
of the Township, needed for the preparation of a map defining the
initial service area.
A.
A grantee's construction timetable as set forth in the franchise
agreement shall reflect the specific method and schedule of construction
of the system. The plan of a grantee shall reflect the following:
(1)
Location of all facilities including studios, head ends, microwave
receivers and senders and all hubs and wiring.
(2)
A timetable reflecting when each area within the initial service
area will be served.
(3)
A grantee shall provide in its timetable, a construction pattern
that will allow the utilization of service to the greatest number
of people in the shortest time period.
B.
Within 30 days after the commencement of the franchise term, a grantee
shall apply for all necessary permits, licenses, certificates and
authorizations which are required in the conduct of its business,
including, but not limited to, any joint use attachment agreement,
microwave carrier licenses, or any other permits, licenses and authorizations
to be granted by duly constituted regulatory agencies having jurisdiction
over the operation of cable communications systems, or their associated
microwave transmission facilities. If, after six months from the commencement
of franchise term, a grantee has not received the permits, licenses,
certificates and authorizations described in this subsection, the
Township may assess penalties pursuant to the franchise agreement
without regard to fault for delay in obtaining such permits, licenses,
certificates and authorization.
C.
Within 30 days after obtaining all necessary permits, licenses, certificates
and authorizations, a grantee shall give written notice thereof to
the Township and commence construction and installation of the system.
D.
The grantee shall promptly notify the Township of all delays known
or anticipated in the construction of the system. The Township may
extend the construction time table in the event a grantee, acting
in good faith, experiences delays by reason of circumstances beyond
its control.
E.
The grantee will annually review the Township for additional areas
meeting the initial service requirements, and implement accordingly.
A.
A grantee shall not open or disturb the surface of any streets, or
public property, without first obtaining a permit from the Township
for which permit the Township may impose a reasonable fee to be paid
by the grantee. The lines, conduits, cables and other property placed
in the streets, and public property pursuant to such permit shall
be located in such part of the street or public property as shall
be determined by the Township. A grantee shall, upon completion of
any work requiring the opening of any streets or public property,
restore the same including the pavement and its foundations to as
good a condition as formerly and in a manner and quality approved
by the Township, and shall exercise reasonable care to maintain the
same thereafter in good condition. Such work shall be performed with
diligence and due care, and, if a grantee shall fail to perform the
work promptly, to remove all dirt and rubbish and to put the street
or public property back into the condition required hereby, the Township
shall have the right to put the streets or public property back into
such condition at the expense of the grantee. The grantee shall, upon
demand, pay to the Township the cost of such work done.
B.
All wires, conduits, cable and other property and facilities of a
grantee shall be so located, constructed, installed and maintained
as not to endanger or unnecessarily interfere with the usual and customary
trade, traffic, and travel upon, or other use of, the streets and
public property of the Township. A grantee shall keep and maintain
all of its property in good condition, order and repair so that the
same shall not menace or endanger the life or property of any person.
The Township shall have the right to inspect and examine at all reasonable
times and upon reasonable notice the property owned or used, in part
or in whole by the grantee. A grantee shall keep accurate maps and
records of all its wires, conduits, cables and other property and
facilities located, constructed and maintained in the Township. Further,
a grantee shall furnish copies of such maps and records from time
to time as requested by the Township without charge.
C.
All wires, conduits, cables and other property and facilities of
the grantee shall be constructed and installed in an orderly and workmanlike
manner. All wires, conduits and cables 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.
D.
Codes, rules and regulations.
(1)
A grantee shall at all times comply with the following codes, rules,
regulations, as amended, and any others supplemental to or in substitution
thereof:
(2)
In any event, the installation, operation or maintenance of the system
shall not endanger or interfere with the safety of persons or property
in the Township.
E.
Whenever the Township shall undertake any public improvement which
affects a grantee's equipment or facilities, the Township may,
with due regard to reasonable working conditions and with reasonable
notice, direct a grantee to remove or relocate its wires, conduits,
cables and other property located in streets, or public property.
A grantee shall relocate or protect its wires, conduits, cables and
other property at its own expense.
F.
A grantee's plans for constructing its system, and the construction
of the system, shall be in accordance with its proposal as modified
by the franchise agreement. However, a grantee shall comply with the
following minimum requirements:
(1)
A grantee shall construct underground in any area where both the
electrical and telephone line have been installed underground.
(2)
A grantee shall change from aerial to underground, at its own expense,
in any area where both the telephone and electric utilities are hereafter
changed from aerial to underground.
(3)
To enable a grantee reasonable opportunity to change its wiring from
aerial to underground, and also to allow it to prewire all new subdivisions
or new development areas, the Township shall provide a grantee with
written notice of the following (but without liability for failure
to provide such notice):
(a)
Any changes of which the Township has knowledge, or which the
Township may order, regarding a change from aerial to underground
of any line (telephone or electrical) within its boundaries.
(b)
Any underground trenching that may be pending.
(c)
New subdivisions and development. All of such subdividers or
developers shall be notified of the franchise and the system.
(d)
All ordinance changes affecting the wiring of the system.
G.
A grantee shall, upon completion of any work on private property
(or easements thereon), restore the same including any and all landscape
features, plantings, turf, buildings, pipes, and wires (overhead and
underground) pavements, sidewalks, foundations or other features whatsoever,
to as good a condition as existed before construction.
H.
A grantee shall prior to construction make a clear videotape record
of all underground construction and other specially designated areas.
Such tapes are to be preserved for three years after completion of
the applicable construction.
A.
A grantee shall not place poles or other fixtures where the same
will interfere with any gas, electric, or telephone fixture, water
hydrant or main, or other utility system.
B.
A grantee, at the request of any person holding a building moving
permit and with not less than five days' advance notice, shall temporarily
remove, raise or lower its wires, conduits and cables. The expense
of such temporary removal, raising or lowering of wires, conduits
and cables shall be paid by the person requesting the same, and the
grantee shall have the authority to require such payment in advance.
C.
A grantee shall have the authority, to the extent the Township has
authority to grant the same, to trim trees upon or overhanging any
street or public property so as to prevent the branches of such trees
from coming in contact with the wires, conduit and cables of the grantee.
All trimming shall be done under the supervision and direction of
the Township and at the expense of the grantee.
