Cable Television Franchise Agreement Page 5
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14SECTION 3: Construction and Maintenance of the Cable System
3.1.
Except as may be otherwise provided in this Franchise Agreement, Grantee shall
comply with all generally applicable provisions of Title/Chapter ____, entitled “________,”of
the ___________ of the City/County/Village of ___________ as may be amended from time to
time.
3.2.
Aerial and Underground Construction. At the time of Cable System construction,
if all of the transmission and distribution facilities of all of the respective public or municipal
utilities in any area of the Franchise Area are underground, the Grantee shall place its Cable
Systems’ transmission and distribution facilities underground, provided that such underground
locations are actually capable of accommodating the Grantee’s cable and other equipment
without technical degradation of the Cable System’s signal quality. In any region(s) of the
Franchise Area where the transmission or distribution facilities of the respective public or
municipal utilities are both aerial and underground, the Grantee shall have the discretion to
construct, operate, and maintain all of its transmission and distribution facilities or any part
thereof, aerially or underground. Nothing in this Section shall be construed to require the Grantee
to construct, operate, or maintain underground any ground-mounted appurtenances such as
customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or
other related equipment.
3.3.
Undergrounding and Beautification Projects.
3.3.1. In the event the City/County/Village requires users of the Public Way who
operate aerial facilities to relocate such aerial facilities underground, Grantee shall participate in
the planning for relocation of its aerial facilities, if any, contemporaneously with such users.
Grantee shall be reimbursed its relocation costs from public or private funds allocated for the
project to the same extent as such funds are made available to other users of the Public Way, if
any, provided that any utility’s exercise of authority granted under its tariff to charge consumers
for the said utility’s cost of the project that are not reimbursed by the City/County/Village shall
not be considered to be public or private funds.
3.3.2.
The Grantee shall not be required to relocate its facilities unless it has
been afforded at least sixty (60) days notice of the necessity to relocate its facilities. Upon
adequate notice the Grantee shall provide a written estimate of the cost associated with the work
necessary to relocate its facilities. In instances where a third party is seeking the relocation of
the Grantee’s facilities or where the Grantee is entitled to reimbursement pursuant to the
preceding Section, the Grantee shall not be required to perform the relocation work until it has
received payment for the relocation work.
SECTION 4: Service Obligations
4.1.
Initial Service Obligations. As of the Effective Date of this Agreement, Grantee’s
Cable System has been designed to provide, and is capable of providing, Cable Service to
residential Customers throughout the Initial Franchise Service Area. The Grantee shall continue
to make Cable Service available in the Initial Service Area throughout the term of this
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