§ 26-37. Use of public streets and ways, town and grantee facilities.

(a)

Public streets and ways. For the purpose of operating and maintaining a cable television system in the town, the grantee may erect, install, construct, repair, replace, reconstruct and/or retain in, on, over, under, upon, across and along the public streets and ways within the town such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary to the operation of the cable television system; however, the grantee must comply with all design, construction, safety and performance provisions contained in this chapter, the franchise agreement and other applicable regulations.

(b)

Grantee facilities. No poles shall be erected by the grantee without prior approval of the town with regard to location, height, type and any other pertinent aspect. However, no location of any pole of the grantee shall be a vested right, and such poles shall be removed or modified by the grantee at its own expense whenever the town determines that the public convenience would be enhanced by such action. The grantee shall utilize existing poles where possible. The town shall have the right, during the life of the franchise, to install and maintain upon the poles owned by the grantee, at fair market value, any wire and pole fixtures that do not unreasonably interfere with the cable system operations of the grantee. The town and the grantee shall comply with all requirements contained in a separate pole attachment, including but not limited to any indemnity clauses.

(Ord. No. 368, § 2-2, 1-14-1999)