§ A214-4. Construction and maintenance of facilities; conditions of occupancy., Chapter A214. Cable Television Franchise, Appendix, Code of Ordinances, Falls

To the extent of the conditions provided under § A214-3 of this ordinance, the company shall have the right and privilege to construct, erect, operate and maintain in, upon, along, above, across, over and under the streets such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to its system, provided that permits are issued for the location of such poles subject to the written approval of the Township, that the company complies with all design, construction, safety, and performance provisions contained in this ordinance, the franchise, and other applicable local ordinances. All structures, lines and equipment erected by the company within the Township shall be so located as to cause minimum interference with the use of streets, alleys, easements and other public ways and places and with the rights or reasonable convenience of property owners, and the company shall comply with all reasonable, proper and lawful ordinances of the Township now or hereafter in force pursuant to its inherent regulatory power to promote the health, safety, and general welfare of the public.

The company's rights and privileges shall be subordinate to any prior lawful use or occupancy of the streets or other public property and shall not be so used as to interfere with existing improvements or with new improvements this Township may deem proper to make or as to hinder or obstruct the free use of the streets, alleys, bridges or other public property. In the event that any equipment or facilities of the company shall interfere with any such improvement existing or intended to be made by the Township, the company shall, upon notice from the Township, forthwith relocate said equipment and facilities at the company's expense so as to eliminate said interference.

In case of disturbance of any street, sidewalk, alley, public way, paved area or other surface, the company shall, at its own cost and expense and in a manner approved by the Township's appropriate authority, remove, replace and restore such street, sidewalk, alley, public way, paved area or other surface so disturbed in as good a condition as before the work involving such disturbance was done. The company shall restore to its original condition all damage to private property. All restoration work done by the company pursuant to this Subsection C shall be done as soon as practicable after completion of the work necessitating such restoration.

If, at any time during the period of the franchise, the Township shall lawfully elect to alter or change the grade or alignment or rerouting of any street, sidewalk, alley or other public way, the company, upon reasonable notice by the Township, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.

Any poles or other fixtures placed in any public way by the company shall be placed in such a manner as not to interfere with the usual travel on such public way.

The company shall have the authority, as specified in the franchise, to trim trees upon and overhanging streets, alleys, sidewalks and public ways and places of the Township so as to prevent the branches of such trees from coming in contact or interfering with the wires and cables of the company.

The company shall, at the request of any person holding a building moving permit issued by the Township, temporarily raise or lower its wires to permit the moving of the building. The cost to be determined by the company at the rate of fair time and expense for such temporary raising or lowering of wires shall be chargeable to the permit holder.

The company shall, at all times, keep on file with the Township Manager true and accurate maps or plats of all existing aerial and underground feeder lines, trunk lines and subtrunk lines and a list of educational and municipal buildings to which special services are being provided. Franchisee shall have accurate maps of all vaults, pedestals and manhole covers available for inspection by the Township at the franchisee's local office.

Construction and maintenance of the cable television system shall be in accordance with the provisions of the following: National Electrical Safety Code, Occupational Safety and Health Administration Regulations (OSHA); National Electrical Code; National Electrical Safety Code (NESC); National Cable Television Standard Code; all federal, state and municipal construction requirements, including FCC rules and regulations; utility construction requirements; all building and zoning codes; and all land use restrictions as all of the above exist or any amendments or revisions thereof and in compliance with any applicable rules, regulations or orders now in effect or hereafter issued by any federal or state commission or any other public authority having jurisdiction.

All installations of equipment shall be durable, of a permanent nature and installed in accordance with good engineering practice as outlined by the National Bureau of Standards, the American Institute of Electrical Engineers and the American Society of Mechanical Engineers or consistent with industry standards. The company shall comply with all Township regulations, ordinances and state and federal laws now existing or hereinafter enacted so as not to interfere with the right of the public or individual property owner and so as not to unduly interfere with the travel and use of public places by the public during the construction, repair or removal of its facilities.

All structures and all lines, equipment and connections in or over, under and/or upon the streets, sidewalks, alleys and public ways or places of the Township, wherever situated or located, shall be kept and maintained at all times in a safe, suitable and substantial condition and in good order and repair.

In the construction, conduct, maintenance and operation of its business, the company shall comply with all requirements of the Township ordinances, resolutions, local laws, rules, regulations and specifications heretofore or hereafter enacted or established, including but not limited to those concerning street work, street excavation, use and removal and relocation of property within a street.

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.

The company shall not begin any major construction, modification, addition, replacement, removal or any major change whatever of its facilities in any public place (except ordinary and necessary repairs) without filing for a permit with the Township and the Engineer and providing a plan of such work and receiving a permit therefor. The review of the Engineer and Township shall be to assure compliance with the terms of this ordinance.

The company shall give appropriate notice to the Township and directly affected residents within a reasonable period of time of proposed construction, excavation, laying or stringing of cable under streets or on poles, but in no event shall such notice be given less than 14 days before such commencement.

The Township or its designee shall have the right to inspect at any time all construction or installation work performed subject to the provisions of this ordinance and the franchise and, upon reasonable notice to the franchisee, to make such tests as it shall deem necessary to ensure compliance with the terms of this ordinance, the franchise and all other applicable law. The company shall cooperate fully with the Township during all inspections and tests and shall provide access to all equipment, records, and other materials and information necessary for such inspections and tests. Except as otherwise provided by this ordinance, the franchise, law, regulation or ordinance, all inspections and tests performed by the Township shall be initially at the Township's sole cost and expense. If the company is found not to be in compliance with the terms of the ordinance and all other applicable law, then the company must reimburse the Township for the costs of such inspections and tests. This reimbursement is not to be considered a part of the franchise fee.

The company'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 the Township, 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; and

(5)

Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the Township.

The company shall be subject to all laws, ordinances or regulations regarding private property or regulations regarding private property in the course of constructing, installing, operating or maintaining the cable television system in the Township of Falls. The company 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 television system at its sole cost and expense.

In addition to the requirements herein, the company shall, prior to performing any underground construction, receive Township approval to construct, and the company shall use its best efforts to locate, in advance, any water, sewage, and drainage lines. Where any damages or alterations occur to the Township's water, sewage or drainage lines or to any other municipal structures in the streets during the construction due to the presence, negligence, operation or maintenance of the cable television system, the sole cost of such repairs, including all services and materials, will be billed against the company, and these charges shall be paid immediately or the Township may foreclose on performance bonds or invoke other appropriate sanctions provided for in this ordinance.

All necessary easements over and under private property shall be arranged for by the company.

The company shall include in the franchise a manual which sets forth the specifications, standards and procedures for construction and installation of its cable television system. Said manual shall be consistent with the highest standards of the cable television industry and shall, at a minimum, establish procedures to ensure quality work and provide for the safety and protection of residents and property.

No conduit shall be installed by the company without prior approval of the Township with regard to location and any other pertinent aspect. However, no location of any conduit of the company shall give rise to a vested interest, and such conduit or structures shall be removed or modified by the company at its own expense whenever the Township determines that the public convenience would be enhanced thereby.

The company shall comply with all Township, county and state traffic requirements and Uniform Traffic Safety Code regulations. Barricades or other barriers such as signs, traffic cones, red flags, and warning lights shall be utilized at all work sites frequented by the public until an area is cleared for normal public use. Local law enforcement shall be contacted, when necessary, to direct traffic. Before leaving a job site each day, company's employees and contractors shall be required to pick up all scrap materials and ensure that any construction materials and tools are properly stored and covered and that derricks, planks and ladders are removed from or piled at the roadside.

Company shall have contractors bonded and insured for liability, in an appropriate amount, prior to conducting work within the Township. All employees of the company who enter subscribers' homes in the course of their employment shall be bonded and insured for liability in an appropriate amount for the term of this ordinance.

The company shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, watchmen, and suitable and sufficient lighting.