§ 26-152. Construction and technical standards.

(a)

The grantee shall construct, reconstruct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, and FCC technical standards. The system shall be designed, constructed, operated and maintained for 24 hours a day continuous operation.

(b)

The grantee shall construct, install, operate and maintain its system in accordance with but not limited to the following:

(1)

The system will be a state of the art system utilizing up-to-date industry technology, and providing at a minimum a 77-channel system, capable of two-way signal transmission, providing all subscribers a minimum of 750 MHz bandwidth operation.

(2)

Where economically feasible, the system will utilize home terminals that will make the system adaptable for the development of future services.

(3)

The grantee shall maintain its system facilities in a manner that will continue to enable it to add new services and associated equipment as they are developed, available, and determined by the grantee to be economically feasible and marketable to subscribers.

(4)

The system will be capable of two-way services consisting of voice and digital transmission for commercial, residential and governmental subscribers.

(5)

The grantee may be required to interconnect its system with other adjacent cable systems. The grantee will use all reasonable efforts to comply with such request provided the request is made in accordance with local, state and federal law. Such interconnections shall be accomplished according to the technical and safety standards generally accepted in industry practices. Before the town requires the grantee to interconnect or interface with any cable systems, the town shall determine that such interconnection shall not place any undue or unfair financial burden upon the grantee.

(c)

Prior to the erection or installation by the grantee of any facilities, the grantee shall apply for all permits required under local, state and federal law.

(d)

Any contractor proposed for work of construction, reconstruction, installation, operation, maintenance and repair of system equipment must be properly licensed under the laws of the state and all local ordinances.

(e)

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.

(f)

Construction, reconstruction, installation, operation and maintenance of the cable 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 consideration.

(g)

The grantee shall at all times comply with:

(1)

Occupational Safety and Health Administration (OSHA) regulations;

(2)

The National Electrical Code;

(3)

National Electrical Safety Code (NESC);

(4)

AT&T Manual of Construction Procedure (Blue Book) (where applicable);

(5)

Bell Telephone Systems Code of Pole Line Construction (where applicable);

(6)

All federal, state and municipal construction requirements, including FCC rules and regulations utility construction and requirements; and

(7)

All building and zoning codes, and all land use restrictions as they exist or may be amended.

(h)

Any antenna structure used in the cable system shall comply with construction, marking and lighting of antenna structure standards as required by federal and state laws or regulations.

(i)

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.

(j)

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.

(k)

The grantee shall maintain equipment capable of providing standby power for a minimum of four hours for the headend.

(Ord. No. 368, § 5-2, 1-14-1999)