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 town, utilities and other lawful users
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 state, town 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.
Failure to make such timely application and timely filing shall constitute
a substantial violation of this chapter.
B.
Power to contract. Upon grant of the franchise and in
order to construct, operate and maintain a cable system in the town, the grantee
may enter into contracts with any public utility companies or any other owner
or lessee of any poles or underground areas located within or without the
town; obtain right-of-way permits from appropriate town, state, county and
federal officials necessary to cross or otherwise use highways or roads under
their respective jurisdiction; obtain permission from the federal aviation
administration to erect and maintain antennas; and obtain whatever other permits
a town, county, state or federal agency may require.
A.
Compliance with construction and technical standards.
The grantee shall construct, install, operate and maintain its system in a
manner consistent with all laws, local laws, construction standards, governmental
requirements, FCC technical standards and detailed technical standards submitted
by the grantee as part of its application, which standards are incorporated
by reference herein. 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 (provided that 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 highest standards of
the art of cable communications, such standards to include but not be limited
to the following:
(1)
The system will be spaced to permit a minimum of 750
MHz operation and will be capable of utilizing state-of-the-art converters
and be compatible with cable-ready television sets.
(2)
The system will utilize converters which will make the
system adaptable for the development of future services.
(3)
The grantee shall maintain its system facilities in a
manner which will continue to enable it to add new services and associated
equipment as they are developed, available and proved marketable to subscribers.
The new services and associated equipment will be added to the system facilities
when they are determined to be technically reliable and adaptable to the system
at a cost to the subscriber that is acceptable in the marketplace.
C.
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 town 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 town, provided,
further, that such approval shall not be unreasonably withheld.
D.
Contractor qualifications. Any contractor proposed for
work of construction, installation, operation, maintenance and repair of system
equipment must be properly licensed. In addition, the grantee shall submit
to the town a plan to hire persons locally for the construction, installation,
operation, maintenance and repair of the system equipment consistent with
federal regulations.
E.
The grantee's system and associated equipment erected
by the grantee within the town 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 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.
The town 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.
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. 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.
The grantee shall at all times comply with the following:
I.
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.
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 state law or regulation.
K.
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 shall be checked at reception location for
emergency radio services to prove measurable interference signal combinations
are possible. Stray radiation shall be measured adjacent to any proposed aeronautical
navigation radio sites to prove no measurable interference to airborne navigational
reception in the normal flight pattern. FCC rules and regulations shall govern.
The system shall cause no measurable interference in television signal reception
to any operating receiver not connected to and serviced by the system.
M.
The grantee shall maintain equipment capable of providing
standby power for a minimum of 24 hours for the head end and three hours for
all optical fiber node locations on the distribution system.
The franchise shall specify the construction schedule.
A.
All installations shall be underground in those areas
of the town where public utilities providing telephone and electric service
are underground at the time of installation. In areas where telephone or electric
utility facilities are above ground at the time of installation, the grantee
may install its service above ground, provided that, at such time as those
facilities are required to be placed underground by the town or are placed
underground, the grantee shall likewise place its services underground without
additional cost to the town or to the individual subscriber so served with
the town. 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.
Prior to construction or alteration, however, the grantee
shall in each case file plans with the appropriate town agencies, complete
use agreements with the utility companies, obtain all construction permits
and receive written approval of the town before proceeding, which approval
shall not be unreasonably withheld.
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 of persons.
(2)
Not interfere with any improvements that the town, county
or state 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.
(5)
Not obstruct, hinder or interfere with any gas, electric,
water or telephone facilities or other utilities located within the town.
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 town, replace and
restore all paving, sidewalk, driveway, landscaping or surface of any street
or alley disturbed, in as reasonably 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 town. Such restoration
shall be undertaken within no more than 10 business days after the damage
is incurred and shall be completed as soon as possible thereafter.
E.
Relocation of the facilities. In the event that, at any
time during the period of the franchise, the town, county or state 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
town, 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 town local laws, to trim any trees upon
and overhanging public rights-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 town, 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 arranged for by the grantee.
I.
Private property. The grantee shall be subject to all
laws, local laws or regulations regarding private property in the course of
constructing, installing, operating or maintaining the cable communications
system in the Town of Ossining. The 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.
A.
No poles shall be erected by the grantee without prior
approval of the town with regard to location, height, types and any other
pertinent aspect. 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
town determines that the public convenience would be enhanced thereby.
B.
Where poles already exist for use in serving the town
are available for use by the grantee, but it does not make arrangements for
such use, the town may require the grantee to use such poles and structures
if it determines that the public convenience would be enhanced thereby and
the terms of the use available to the grantee are just and reasonable.
A.
Within 30 days of the granting of a franchise pursuant
to this chapter, the grantee shall provide the town with a written progress
report detailing work completed to date. Such report shall include a description
of the progress in applying for any necessary agreements, licenses or certifications
and any other information the Town Supervisor may deem necessary. The content
and format of the report will be determined by the Town Supervisor and may
be modified at his/her discretion.
B.
Such written progress reports shall be submitted to the
town on a monthly basis throughout the entire construction process. The Town
Supervisor may require more frequent reporting if he/she determines it is
necessary to better monitor the grantee's progress.
C.
Prior to the commencement of any 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 Town Supervisor prior to its distribution.
A.
Not later than 30 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 and the Commission.
B.
Such tests shall be performed by or under the supervision
of a qualified registered professional engineer or an engineer with proper
training and experience. A copy of the report shall be submitted to the town,
describing test results, instrumentation, calibration and test procedures
and the qualification of the engineer responsible for the tests.
C.
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.
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 town within 60 days of completion.
E.
Whenever there have been similar complaints made or when
there exists other evidence which, in the judgment of the town, cast doubt
on the reliability or quality of the grantee's system, the town shall
have the right and authority to compel the grantee to test, analyze and report
on the performance of its system. The town 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
town no later than 14 days after the town 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 professional engineer not on the permanent staff of the
grantee, who shall sign all records of the special tests and forward the same
to the town with a report interpreting the results of the tests and recommending
what actions should be taken by the town. All such tests shall be at the expense
of the grantee.
