| 11.1 Design. Except as otherwise provided for in the Franchise Agreement, any Cable System serving Sebago shall in any event be designed and built for technical quality in conformance with the highest
state of the art in the cable television industry for Cable Systems of comparable size. Not later than one year from the effective date of the Franchise Agreement the Cable System shall be designed and built for operation at a minimum of 750 MHz and a minimum eighty (80) video channel capacity, with full bi-directional capability. All downstream and upstream channels shall be activated by such date.
11.2. Emergency Power. The Cable System shall incorporate equipment capable of providing standby powering of the Headend and all Subheadends for a minimum of four hours.
11.3. Emergency Override. The Cable System shall incorporate emergency audio override capabilities in accordance with FCC Emergency Alert System (EAS) standards.
11.4. Subscribers’ Antennae. Notwithstanding a required disconnection of a Subscriber’s existing broadcast antennae and downleads to receivers connected to the Cable System, the Cable Operator shall not remove or suggest to the Subscriber the removal of such antennae and downleads. The Cable Operator shall furnish to each Subscriber so requesting, at reasonable cost, an A/B switch permitting the Subscriber to change from cable reception to home antenna reception, and back, at the option of the Subscriber. Installation of such switches at the time of initial installation of service to a Subscriber shall be without charge other than for such purchase cost.
11.5. Switching. The Headend or Subheadend shall have the capability of accepting programming on the upstream channels of the Cable System and simultaneously transmitting such programming on the downstream channels of the Cable System.
11.6. VCR/Cable Compatibility. In order that Subscribers to the Cable System have the capability to simultaneously view and tape any channel and set their VCR to record multiple channels remotely, the Cable Operator shall provide to any Subscriber, upon request, an A/B switch, installed at reasonable cost.
11.7~ General Construction Requirements. ~In the construction, reconstruction, maintenance and repair of the Cable System, the Cable Operator shall utilize materials of good and durable quality and shall perform or cause to be performed all work so associated with the system in a safe, thorough and reliable manner.
11.8. Live Programming Origination Points. To facilitate live programming within the Town of Sebago each Cable Operator shall install Origination Points at the public buildings and public locations as are designated in the Franchise Agreement.
11.9. Compliance With Regulations. All work, including all working conditions and facilities, associated with the construction, operation, maintenance, repair and removal of the Cable System shall comply with:
(a) All applicable Federal and State laws, rules and regulations;
(b) All applicable laws, codes, ordinances, rules and regulations of~~Grantor; and
(c) The National Electric Code, National Electrical Safety Code,~~the National Cable Television Association Standard Code, and the~~National Safety Code.
11.10. Grantor Rights. Grantor reserves the right to inspect all construction and installation work and to make such tests as it shall deem necessary to ensure compliance with applicable laws, codes, ordinances and regulations and with provisions of this Ordinance and the applicable Franchise Agreement, and may order corrections of any violations.
11.11. Restoration of Damage. The Cable Operator, at its sole expense, shall restore all damage to property, both public and private, caused by the construction, operation, maintenance or repair of the Cable System, so as to return the damaged property to a condition as good as before the damage was done. Such restoration shall be made as soon as practicable after completion of work necessitating the restoration, and shall be done in a manner approved by the owner or tenant in possession. In no event shall such restoration be made later than ten days, weather permitting and subject to force majeure, after the Cable Operator’s receipt of notification from the owner of the property so damaged unless otherwise mutually agreed by the Cable Operator and the property owner; provided, that if any such damage involves streets, water-mains, storm
or sanitary sewers, or other public facilities, such damage shall be repaired within forty-eight (48) hours or as soon as practicable. If the Cable Operator fails to make such restoration on a timely basis, Grantor may fix a reasonable time for such restoration and repairs and shall notify the Cable Operator in writing of the restoration and repairs required and the time fixed for performance hereof. Upon failure of the Cable Operator to comply within the specified time period, Grantor may cause proper restoration and repairs to be made and the Cable Operator shall pay the reasonable expense of such work upon demand by Grantor.
11.12. Identification. Each Cable Operator shall ensure that all of its vehicles are clearly identified to the general public as being associated with the Cable Operator, and that all of its employees, and the employees of any agents or contractors, who enter upon private property wear an employee identification card issued by the Cable Operator, which card shall bear a picture of said employee and shall be worn in a conspicuous place.
11.13. Public Ways Hazards. Any openings or obstructions in streets or other municipal or public property made by any Cable Operator shall be guarded and protected at all times by the placement of adequate barriers, fences, boarding or other protective devices at the sole expense of the Cable Operator. During the periods of dusk and darkness, the protective devices shall be clearly designated by warning lights.
11.14. Location of Physical Facilities. Within sixty (60) days after the effective date of any Franchise Agreement, the Cable Operator shall provide Grantor with strand maps of the Town of Sebago clearly showing the location of all distribution lines (indicating underground, where applicable), tower, antennae, receivers, headend, and sub-headends. Revised and corrected strand maps shall be submitted to Grantor not later than ninety (90) days after such changes or additions are made.
11.15. Cable Location. Insofar as practicable, the distribution system (trunk and feeder cable) shall run along public rights-of-way. Where the cable or wire facilities of all public utilities are installed underground, the Cable Operator shall install its cable distribution system underground. Vaults and pedestals shall be suitably landscaped, such landscaping to be subject to the approval of the owner or tenant in possession, which approval shall not be unreasonably withheld. In all areas where public utility lines are aerially placed, if subsequently during the term of the Franchise Agreement all such utility lines are relocated underground pursuant to applicable law under the Town’s police powers, the Cable Operator shall similarly relocate its cable distribution system underground at its sole expense. Wherever possible, the
distribution system shall use the existing facilities of the public utilities. Poles shall not be installed for the sole purpose of supporting a portion of the distribution system without written justification and approval of Grantor, which approval shall not be unreasonably withheld, pursuant to Grantor’s law, ordinances, rules and regulations.
11.16. Location of Construction. All lines, cables and distribution structure, and equipment, including poles and towers, erected, installed or maintained by any Cable Operator within the Town of Sebago shall be located so as not to obstruct or interfere with the proper use of Streets and Public Ways and to cause minimum interference with the rights of property owners who abut any of the said Streets and Public Ways, and not to interfere with existing public utility installations. A Cable Operator shall not place new poles, towers or other obstructions in Streets or Public Ways, or relocate existing poles, towers or other obstructions, without first obtaining Grantor’s approval, which approval shall not be unreasonably withheld. A Cable Operator shall have no vested right in any location, and the Cable Operator shall remove such
construction at its own cost and expense whenever the same restricts or obstructs or interferes with the operation or location or any future operation or location of said Streets or Public Ways.
11.17. Grade or Location Changes. If at any time during the term of a Franchise Agreement Grantor shall elect to alter, or change the grade or location of any Street, or shall engage in any construction, reconstruction, widening, repairs or other public works in, on or under the Streets, any Cable Operator shall, upon reasonable notice by Grantor, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures (“fixtures”) at its own expense, and in each instance comply with the Grantor’s standards and specifications.
11.18. No Interference. A Cable Operator shall not place fixtures above or below ground where the same will interfere with any gas, electricity, telephone fixtures, water hydrants, or other utility use, and all such fixtures placed in or upon any street shall be so placed as to comply with all requirements of Grantor or other applicable authority, and fully comply with local regulations, including zoning ordinances. Each Cable System shall be constructed, operated and maintained so that there will be no objectionable interference with television reception, radio reception, telephone communications or other electronic installations in the Town of Sebago or with the operation of any public fire, police, rescue or safety communications system. Should any such interference occur, the Cable Operator shall promptly eliminate it.
11.19. Temporary Relocation. A Cable Operator shall, on request of any Person holding a permit issued by Grantor or other appropriate authority, temporarily move its fixtures to permit the moving or erection of buildings or other objects, with the expense of any such temporary removal to be paid in advance by the Person requesting same, and the Cable Operator shall be given reasonable notice to arrange for such temporary relocation. A Cable Operator shall bear any expense to temporarily move its fixtures to permit the moving or erection of Town- owned or constructed buildings or other public infrastructure.
11.20. Tree Trimming. Each Cable Operator shall have the authority to trim any trees upon and overhanging Grantor’s Streets or Public Ways to the minimum extent necessary to prevent the branches of such trees from coming in contact with the wires and cables of the Cable System; provided that, except for incidental trimming done by the Cable Operator employees in the course of performing their other duties, any tree trimming done by the Cable Operator shall be subject, in all respects, to Grantor’s prior approval. Except in an emergency, the Cable Operator will notify the abutting property owner(s) prior to starting tree trimming work. In performing tree trimming, the Cable Operator shall employ best management practices, shall use its best efforts to avoid any unnecessary damage or injury to trees, and shall comply in all respects with any
Town ordinances governing tree trimming. Except for incidental trimming performed by a Cable Operator’s employees in the course of performing their other duties, Grantor may elect to perform tree trimming directly or by agents under Grantor’s supervision and direction, at the Cable Operator’s expense.
11.21. Drops. In areas where the cable distribution is located underground, drop connections to Subscriber’s structure shall be underground; in other areas the drop connection shall be aerial unless the Subscriber requests underground installation and elects to pay the cost thereof. Insofar as practicable, the Cable Operator shall adhere to the Subscriber’s desire with regard to point of entry of the drop connection into the structure. Within the Subscriber’s structure, drop or cable runs shall be made as unobtrusively as possible. Each drop shall be grounded at the Subscriber’s structure, or, at the Cable Operator’s option, at such other location as may be permitted by the National Electrical Safety Code.
11.22. Zoning and Building Codes. Any and all construction performed by or under the auspices of a Cable Operator, and any and all facilities used or operated by the Cable Operator, shall comply with all applicable zoning and building ordinances, codes or laws of Grantor.
11.23. Contractors, Subcontractors and Affiliates. All contractors, subcontractors and affiliates of a Cable Operator must be properly licensed under all applicable federal, state and local laws and regulations. Each Cable Operator shall be solely and completely responsible for all acts or omissions of any such contractor, subcontractor or affiliate, or any employee or agent of any such contractor, subcontractor or affiliate in the construction, reconstruction, installation, maintenance, operation or removal of the Cable Operator’s cable system.
11.24. Completion of Work by Grantor. Upon failure of a Cable Operator to commence, pursue or complete any work required by this Ordinance, other applicable law or by the provisions of the Franchise Agreement in any Street or other public place within the time prescribed and to the satisfaction of the Grantor, Grantor may, at its option, cause such work to be done with reasonable expenditures therefore and the Cable Operator shall pay to the Grantor the cost thereof in the itemized amounts reported by the Grantor to the Cable Operator within thirty (30) days after receipt of such itemized report.
11.25. Lockout Key. Each Cable Operator shall make available to any Subscribers so requesting, for lease or sale, a “parental control device” or “lockout key” which will permit the Subscriber, at his or her option, to eliminate comprehensible reception of any or all of the Basic Service or pay cable Channels. If requested, a lockout key will be installed within twenty (20) days of request.