AREA TO BE SERVED. (a) Cable Service shall be made available to every dwelling occupied by a person requesting Cable Service provided that Comcast is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast shall extend the Cable System into all areas within the Township where there is a minimum of twenty-five (25) dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated from the end of the nearest trunk line. Comcast shall complete said extensions within six (6) months of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities. (b) Any dwelling unit within one hundred twenty-five feet (125 ft.) aerial distance of the cable plant shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend Cable Service at a rate not to exceed Comcast’s actual cost of installation from its main distribution system. (c) The Township has the right to require that Comcast install its wires and/or equipment underground, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast shall be underground in those areas of the Township where the wires and/or equipment of telephone and electric utilities are underground, provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals.
Appears in 2 contracts
Samples: Cable Franchise Agreement, Cable Franchise Agreement
AREA TO BE SERVED. (a) Cable Service shall be made available provided to every dwelling occupied by a person requesting Cable Service provided that Comcast Franchisee is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast Subject to the other conditions contained in this Section, Franchisee shall extend the Cable System into all areas within the Township in which Franchisee’s Cable System exists, where there is a minimum of twenty-five thirty (25) dwelling units per linear plant mile of aerial cable and fifty (5030) dwelling units per underground mile of cable, calculated from the end of the nearest trunk line. Comcast Franchisee shall complete said extensions within six three (63) months of written notification to Comcast Franchisee by the Township that an area has met the minimum density standard set forth herein (weather permitting)herein. Comcast's Franchisee’s obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Any dwelling unit within one hundred twenty-five feet (125 ft.) aerial distance of the cable plant shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five feet (125 ft.) aerial distance or that requires an underground installation, Comcast Franchisee shall extend Cable Service at a rate not to exceed ComcastFranchisee’s actual cost of installation from its main distribution system.
(c) The Township has the right to require that Comcast install its All installations of wires and/or equipment by Franchisee shall be underground where required by the Township. In requiring such underground installations, the Township shall treat Franchisee the same as other similarly situated entities.
(d) Franchisee shall install, at its own cost and expense, cables or other Cable System facilities underground wherever all existing utilities are installed underground, or where statute or ordinance requires utilities to be placed underground; provided, however, that such underground locations are capable of accommodating Franchisee’s facilities without technical degradation of the Cable System’s signal quality. Previously installed aerial cable shall be placed underground in concert with other utilities pursuant to the general ordinances of the Township or applicable law provided that the Township imposes such requirement on all similarly situated entities. All installations Placing facilities underground does not preclude the use of wires and/or equipment by Comcast shall be underground in those areas of the Township where the wires and/or equipment of telephone and electric utilities are underground, provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, pedestals or pedestalssimilar facilities.
(e) Franchisee shall adhere to all building and zoning codes currently or hereafter in effect in the Township. Franchisee shall arrange its lines, cables and other appurtenances, on both public and private property, in such a manner as to cause no unreasonable interference with the use of said public or private property. In the event of such interference, the Township may require the removal and relocation of Franchisee’s lines, cables and other appurtenances from the property in question at no cost to the Township.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. (a) Grantee shall build out its Cable System to make Cable Service shall be made generally available to every dwelling occupied by a person requesting Cable Service provided that Comcast is able those businesses and residential units located within the Township. While Grantee shall use commercially reasonable efforts to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) build out its network to serve as much of the Cable ActTownship as is feasible taking into account build-out costs, geographical and geological conditions, and business conditions, Grantee reserves the right in its sole discretion as to where Grantee builds out its network in the Township. Comcast shall extend the Cable System into all areas within the Township where there is a minimum of twenty-five (25) dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated from the end of the nearest trunk line. Comcast shall complete said extensions within six (6) months of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Any dwelling unit within one hundred twenty-five fifty (150) feet (125 ft.) aerial distance of from the cable plant main distribution line shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five fifty (150) feet (125 ft.) aerial distance or that requires an underground installation, Comcast Grantee shall extend the Cable Service at a rate not to exceed Comcast’s if the Subscriber pays Grantee the actual cost of installation from its main distribution systemsystem with such cost being only the incremental portion beyond one hundred fifty (150) feet for aerial installations.
(c) The Township has the right authority to require that Comcast install its Grantee to place wires and/or equipment underground, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast Grantee shall be underground in those areas of the Township where the wires and/or equipment of similarly situated entities (i.e. telephone and electric utilities utilities) are underground, ; provided, however, that such underground locations are capable of accommodating ComcastGrantee’s facilities without technical degradation of the Cable System’s signal quality. Comcast Grantee shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals.
(d) In the event that public or private funds are made available to pay for such underground projects, Grantee may apply or request that the Township apply for such funds. In the event that Grantee is required to place existing aerial plant underground, Grantee reserves its right to pass any remaining costs in excess of any such available public or private funds through to Subscribers if and to the extent allowed by applicable law.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. (a) Comcast shall make Cable Service shall be made available to every dwelling occupied by a person requesting Cable Service provided that Comcast is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast shall extend the Cable System beyond that which exists on the Effective Date into all areas within the Township Borough, unserved by another wireline video provider, where there is a minimum of twenty-five (25) dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated from the end of the main distribution line from which a usable Cable Service signal can be obtained. For purposes of this section, a home shall only be counted as a “dwelling unit” if such home is within two hundred seventy-five (275) feet of the nearest trunk linedistribution pole line within the public right of way. Upon written request from the Borough, Comcast shall conduct a survey to determine the number of dwelling units in the requested area and shall inform the Borough of the survey results and applicable costs to extend Service to the area. In those areas meeting the minimum density standard, Comcast shall commence construction within ninety (90) days after all necessary permits and pole attachment licenses are obtained. Subject to Force Majeure, Comcast will make best efforts to complete the construction of said extensions extension within six (6) months from the issuance of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting)all necessary permits and pole attachment licenses. Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities, weather permitting.
(b) Any dwelling unit within one hundred twenty-five (125) feet (125 ft.) aerial distance of from the cable plant main distribution line shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five (125) feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend the Cable Service at a rate not to exceed Comcast’s if the Subscriber pays Comcast the actual cost of installation from its main distribution systemsystem with such cost being only the incremental portion beyond one hundred twenty-five (125) feet for aerial installations.
(c) The Township Borough has the right authority to require that Comcast install its to place wires and/or equipment underground, provided that the Township Borough imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast shall be underground in those areas of the Township Borough where the wires and/or equipment of similarly situated entities (i.e. telephone and electric utilities utilities) are underground, ; provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals.
(d) In the event that public or private funds are made available to pay for such underground projects, Comcast shall be included by the Borough for such funds, if permitted to do so under applicable law. In the event that Comcast is required to place existing aerial plant underground, Comcast reserves its right to pass any remaining costs in excess of any such available public or private funds through to Subscribers if and to the extent allowed by applicable law.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. (a) Comcast shall make Cable Service shall be made available to every dwelling occupied by a person requesting Cable Service provided that Comcast is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast shall extend the Cable System beyond that which exists on the Effective Date into all areas within the Township Township, unserved by another wireline video provider, where there is a minimum of twenty-five (25) dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated from the end of the main distribution line from which a usable Cable Service signal can be obtained. For purposes of this section, a home shall only be counted as a “dwelling unit” if such home is within two hundred seventy-five (275) feet of the nearest trunk linedistribution pole line within the public right of way. Upon written request from the Borough, Comcast shall conduct a survey to determine the number of dwelling units in the requested area and shall inform the Borough of the survey results and applicable costs to extend Service to the area. In those areas meeting the minimum density standard, Comcast shall commence construction within ninety (90) days after all necessary permits and pole attachment licenses are obtained. Subject to Force Majeure, Comcast will make best efforts to complete the construction of said extensions extension within six (6) months from the issuance of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting)all necessary permits and pole attachment licenses. Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities, weather permitting.
(b) Any dwelling unit within one hundred twenty-five (125) feet (125 ft.) aerial distance of from the cable plant main distribution line shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five (125) feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend the Cable Service at a rate not to exceed Comcast’s if the Subscriber pays Comcast the actual cost of installation from its main distribution systemsystem with such cost being only the incremental portion beyond one hundred twenty-five (125) feet for aerial installations.
(c) The Township has the right authority to require that Comcast install its to place wires and/or equipment underground, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast shall be underground in those areas of the Township where the wires and/or equipment of similarly situated entities (i.e. telephone and electric utilities utilities) are underground, ; provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals.
(d) In the event that public or private funds are made available to pay for such underground projects, Comcast shall be included by the Township for such funds, if permitted to do so under applicable law. In the event that Comcast is required to place existing aerial plant underground, Comcast reserves its right to pass any remaining costs in excess of any such available public or private funds through to Subscribers if and to the extent allowed by applicable law.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. (a) Service Electric shall make Cable Service shall be made available to every dwelling occupied by a person requesting Cable Service provided that Comcast Service Electric is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast Service Electric shall extend the Cable System into all areas within the Township where there is a minimum of twenty-five twenty (2520) dwelling units per linear plant mile of aerial cable and fifty forty (5040) dwelling units per underground mile of cable, calculated from the end of the nearest trunk line. Comcast Service Electric shall complete said extensions within six three (63) months of written notification to Comcast Service Electric by the Township that an area has met the minimum density standard set forth herein (weather permitting). ComcastService Electric's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Any dwelling unit within one hundred twenty-five fifty (150) feet (125 ft.) aerial distance of from the cable plant main distribution line shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five fifty (150) feet aerial distance from the main distribution line, Service Electric shall extend the Cable Service at a rate not to exceed Service Electric’s actual cost of installation from the main distribution line. For any dwelling unit in excess of one hundred fifty (125 ft.150) feet aerial distance or that requires an underground installation, Comcast Service Electric shall extend Cable Service at a rate not to exceed Comcastand the Subscriber shall pay Service Electric’s actual cost of installation from its main distribution system.
(c) The Township has the right to require that Comcast install its Service Electric to place wires and/or equipment underground, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast Service Electric shall be underground in those areas of the Township where the wires and/or equipment of similarly situated entities (i.e. telephone and electric utilities utilities) are underground, ; provided, however, that such underground locations are capable of accommodating ComcastService Electric’s facilities without technical degradation of the Cable System’s signal quality. Comcast Service Electric shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. (a) Cable Service Services shall be made available to every dwelling occupied by a person requesting Cable Service provided that Comcast Mediacom is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast Mediacom shall extend the Cable System into all areas within the Township Town that are contiguous to Mediacom’s existing distribution facilities where there is a minimum of twenty10 residences within 1320 cable-five bearing strand feet (25one-quarter cable mile) dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated from the end portion of the nearest Mediacom’s trunk lineor distribution cable which is to be extended. Comcast Mediacom shall complete said extensions within six three (63) months of written notification to Comcast Mediacom by the Township Town that an area has met the minimum density standard set forth herein (weather permitting). Comcast's Mediacom’s obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities. Notwithstanding the foregoing, Mediacom shall have the right, but not the obligation, to extend the Cable System into any portion of the Service Area where another operator is providing Cable Service, into any annexed area which is not contiguous to the present Service Area of Mediacom, or into any area which is financially or technically infeasible due to extraordinary circumstances, such as a runway or freeway crossing.
(b) Any dwelling unit within one hundred twenty-five feet (125 ft.) aerial distance of the cable plant shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five feet (125 ft.) aerial distance or that requires an underground installation, Comcast Mediacom shall extend Cable Service at a rate not to exceed Comcast’s Mediacom's actual cost of installation from its main distribution system.
(c) The Township has the right to require that Comcast install its wires and/or equipment underground, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast shall be underground in In those areas of the Township service area where all of the wires and/or equipment transmission or distribution facilities of the respective public utilities providing telephone communications and electric utilities services are underground, provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast Mediacom likewise shall not be required to construct, operate, or and maintain its Cable System underground. Nothing contained in this subsection shall require Mediacom to construct operate, and maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestalsappurtenances.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. [SEE G.L.c. 166A §3(a)]
(a) Cable The area to be served is the entire Town of Lincoln, subject to the limitations set forth herein. Service shall be made available provided to every dwelling occupied by a person requesting Cable Service Service, provided that Comcast the Licensee is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable ActCommunications Act of 1984. Comcast However, the Licensee shall not be obligated to extend the Cable Communications System into all areas within the Township any area where there is a minimum of twenty-five are fewer than thirty (2530) dwelling units per linear plant aerial strand mile of aerial cable and fifty sixty (5060) dwelling units per underground mile of cable, calculated from the last dwelling unit toward the end of the nearest trunk line. Comcast shall complete said extensions within six (6) months of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Installation costs shall conform with the 1992 Cable Consumer Protection Act, and regulations thereunder.
(i) Aerial Installations: Any dwelling unit within one hundred twenty-five fifty (150) feet (125 ft.) aerial distance of the cable existing Cable System plant shall be entitled to a standard aerial installation rate. For any dwelling unit in excess of Any aerial installation over one hundred twentyfifty (150) feet from the existing Cable System plant requiring trunk or distribution type construction shall be considered non-five feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend Cable Service standard and provided at a rate not in accordance with federal and/or state requirements, and if there are no such requirements, then based upon actual costs and a reasonable return on investment. The Licensee may charge Subscribers for non- standard or customized installations.
(ii) Underground installations. Underground installation shall be considered standard and therefore subject to exceed Comcast’s standard underground installation rates within one hundred fifty (150) feet of the existing Cable System plant, provided no trunk or distribution type construction is required and sub-surface is dirt or similar soft surface. Underground installations within one hundred fifty (150) feet of the existing Cable System plant requiring trunk or distribution type construction or involving a hard surface or requiring boring through rock or under sidewalks, street, flower bedding, etc., are considered non-standard installations and shall be provided at a rate based upon actual cost of installation costs and a reasonable return on investment. Installations more than one hundred fifty (150) feet from its main existing Cable System plant requiring trunk or distribution systemtype construction or involving a hard (concrete, asphalt, etc.) surface shall be provided at a rate in accordance with federal and/or state requirements, and if there are no such requirements, then based upon actual costs and a reasonable return on investment.
(c) Provided Licensee has at least forty-five (45) days’ prior notice concerning the opening of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install its cable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and said quantity is not in stock, the Licensee shall be allowed additional time for said installation. The Township Issuing Authority, or its designee, shall exercise reasonable efforts to have the Planning Board and developers give timely notice of trenching and underground construction to the Licensee.
(d) Upon 1) termination of the Federal Franchise and License that Licensee holds with the Air Force to operate and maintain the cable television system at Xxxxxxx Air Force Base (the “Base”); and 2) upon a final disposition that makes a part of the Base formally a part of the Town of Lincoln; and 3) Licensee has the right authority to require do so, Licensee agrees to provide Residential Service to residents on the former Base property that Comcast install its wires and/or equipment underground, provided that is formally ascribed to the Township imposes such requirement on all similarly situated entities. All installations Town of wires and/or equipment by Comcast shall be underground in those areas Lincoln according to the provisions of the Township where the wires and/or equipment of telephone and electric utilities are underground, provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast shall not be required to construct, operatethis Article 3, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestalsthrough its existing plant at Xxxxxxx.
Appears in 1 contract
Samples: Cable Television License
AREA TO BE SERVED. [SEE G.L.c. 166A §3(a)]
(a) Cable The area to be served is the entire Town of Freetown. Service shall be made available provided to every dwelling occupied by a person requesting Cable Service Service, provided that Comcast the Licensee is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable ActCommunications Act of 1984. Comcast However, the Licensee shall not be obligated to extend the Cable Communications System into all areas within the Township any area where there is a minimum of twenty-five are fewer than fifteen (2515) dwelling units per linear plant aerial strand mile of aerial cable and fifty twenty (5020) dwelling units per underground mile of cable, calculated from the last dwelling unit toward the end of the nearest trunk line. Comcast shall complete said extensions within six (6) months of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Installation costs shall conform with the 1992 Cable Consumer Protection Act, and regulations thereunder. Any dwelling unit within one hundred twenty-five fifty feet (125 150 ft.) aerial distance or one hundred fifty feet (150 ft.) underground of the cable plant shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend Cable Service at a rate not to exceed Comcast’s actual cost of installation from its main distribution system.
(c) The Township Provided Licensee has at least forty-five (45) days’ prior notice concerning the right to require that Comcast opening of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install its wires and/or equipment undergroundcable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and said quantity is not in stock, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast Licensee shall be underground in those areas of the Township where the wires and/or equipment of telephone and electric utilities are underground, provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal qualityallowed additional time for said installation. Comcast shall not be required to construct, operateThe Issuing Authority, or maintain its designee, shall exercise reasonable efforts to have the Planning Board and developers give timely notice of trenching and underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestalsconstruction to the Licensee.
Appears in 1 contract
Samples: Cable Television License
AREA TO BE SERVED. (a) Charter shall make Cable Service shall be made available to every dwelling occupied by a person requesting Cable Service Service, provided that Comcast Charter is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast Charter shall extend the Cable System into all areas within the Township Town where there is a minimum of twenty-five twenty (2520) dwelling units per linear plant cable mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated as measured from the end Charter’s closest technologically feasible tie-in point that is actively delivering Cable Service as of the nearest trunk line. Comcast shall complete said extensions within six date of such request for service (6) months of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting“Service Area”). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Any dwelling unit within one hundred twenty-five fifty (150) feet (125 ft.) aerial distance of from the cable plant main distribution line shall be entitled to a standard installation Standard Installation rate. For However, if an area does not meet the density requirements of this Section, Charter shall only be required to extend the Cable System to Subscribers in that area if the Subscribers are willing to share the capital costs of extending the Cable System in accordance with the applicable provisions of Section 895.5 of the regulations of the New York Public Service Commission. Charter may require that payment of the capital contribution in aid of construction borne by such potential Subscribers be paid in advance. Subscribers shall also be responsible for any dwelling unit in excess of one hundred twentyStandard/non-five feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall Standard Installation charges to extend the Cable Service at a rate not to exceed Comcast’s actual cost of installation System from its the main distribution systemline to the residence.
(c) Charter shall not deny access to Cable Service to any group of potential residential subscribers because of the income of the residents of the local area in which such group resides.
(d) The Township Town has the right to require that Comcast install its Charter to place wires and/or equipment underground, provided that the Township Town imposes such requirement on all similarly situated entitiesentities (i.e. telephone and electric utilities). All installations of wires and/or equipment by Comcast Charter shall be underground in those areas of the Township Town where the wires and/or equipment of all similarly situated entities (i.e. telephone and electric utilities utilities) are all underground, ; provided, however, that such underground locations are capable of accommodating ComcastCharter’s facilities without technical degradation of the Cable System’s signal quality. Comcast Charter shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals. In the event the Town or any agency thereof directly or indirectly reimburses any utility for the placement of cable underground or the movement of cable, Charter shall be similarly reimbursed.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. (a) Cable Service shall be made available to every dwelling occupied by a person requesting Cable Service provided that Comcast is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast shall extend the Cable System into all areas within the Township Municipality where there is a minimum of twenty-five (25) dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated from the end of the nearest trunk line. Comcast shall complete said extensions within six three (63) months of written notification to Comcast by the Township Municipality that an area has met the minimum density standard set forth herein (weather permitting). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Any dwelling unit within one hundred twenty-five feet (125 ft.) aerial distance of the cable plant shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend Cable Service at a rate not to exceed Comcast’s actual cost of installation from its main distribution system.
(c) The Township Municipality has the right to require that Comcast install its wires and/or equipment underground, provided that the Township Municipality imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast shall be underground in those areas of the Township Municipality where the wires and/or equipment of telephone and electric utilities are underground, underground provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. (a) Charter shall make Cable Service shall be made available to every dwelling occupied by a person requesting Cable Service Service, provided that Comcast Charter is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast Charter shall extend the Cable System into all areas within the Township Town where there is a minimum of twenty-five twenty (2520) dwelling units per linear plant cable mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated as measured from the end Charter’s closest technologically feasible tie-in point that is actively delivering Cable Service as of the nearest trunk line. Comcast shall complete said extensions within six date of such request for service (6) months of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting“Service Area”). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Any dwelling unit within one hundred twenty-five fifty (150) feet (125 ft.) aerial distance of from the cable plant shall main distribution lineshall be entitled to a standard installation Standard Installation rate. For However, if an area does not meet the density requirements of this Section, Charter shall only be required to extend the Cable System to Subscribers in that area if the Subscribers are willing to share the capital costs of extending the Cable System in accordance with the applicable provisions of Section 895.5 of the regulations of the New York Public Service Commission, as may be amended from time to time. Charter may require that payment of the capital contribution in aid of construction borne by such potential Subscribers be paid in advance. Subscribers shall also be responsible for any dwelling unit in excess of one hundred twenty-five feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall Standard/non- Standard Installation charges to extend the Cable Service at a rate not to exceed Comcast’s actual cost of installation System from its the main distribution systemline to the residence.
(c) Charter shall not deny access to Cable Service to any group of potential residential subscribers because of the income of the residents of the local area in which such group resides.
(d) The Township Town has the right to require that Comcast install its Charter to place wires and/or equipment underground, provided that the Township Town imposes such requirement on all similarly situated entitiesentities (i.e. telephone and electric utilities). All installations of wires and/or equipment by Comcast Charter shall be underground in those areas of the Township Town where the wires and/or equipment of all similarly situated entities (i.e. telephone and electric utilities utilities) are all underground, ; provided, however, that such underground locations are capable of accommodating ComcastCharter’s facilities without technical degradation of the Cable System’s signal quality. Comcast Charter shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals. In the event the Town or any agency thereof directly or indirectly reimburses any utility for the placement of cable underground or the movement of cable, Charter shall be similarly reimbursed.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. (a) Subject to the density requirements herein, Comcast shall make Cable Service shall be made available to every dwelling occupied by a person requesting Cable Service provided that Comcast is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Upon request, Comcast shall extend the Cable System into all areas within the Township County where there is a minimum of twenty-five twenty (2520) dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated from the end nearest point of the nearest Cable System trunk lineor feeder line from which a usable cable signal can be obtained. For purposes of this section, a home shall only be counted as a “dwelling unit” if such home is currently not serviceable and within three hundred (300) feet Drop distance of Franchisee’s distribution cable in the public right-of-way. Comcast shall complete said extensions within six one hundred and twenty days (6120) months of written notification to Comcast by the Township County and verification by Comcast that an area has met the minimum density standard set forth herein (weather permitting). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities. Any time required to obtain necessary permits, easements, pole licenses, and pole make ready work will not be counted toward this 120-day period.
(b) Any dwelling unit within one three hundred twenty-five (300) feet (125 ft.) aerial Drop distance of from the distribution line within the cable plant system shall be entitled to a standard installation rateat no charge other than applicable installation fees for the individual Subscriber’s drop. For any dwelling unit in excess of one three hundred twenty-five (300) feet (125 ft.) aerial distance or that requires an underground installationDrop distance, Comcast shall extend Cable Service at a rate not to exceed and the Subscriber shall pay Comcast’s actual cost of installation from its main distribution systemline within the Cable System from which a usable cable signal can be obtained with such cost being only the incremental cost beyond three hundred (300) feet Drop distance for any installation.
(c) The Township County has the right to require that Comcast install its to place wires and/or equipment underground, provided that the Township County imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast shall be underground in those areas of the Township County where the wires and/or equipment of similarly situated entities (i.e. telephone and electric utilities utilities) are underground, ; provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast shall not be required to construct, operate, or maintain underground any ground-ground- mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals.
(1) In the event that public or private funds are made available to pay for such undergrounding projects specified in 3.2(c) above, to the extent other users of the Public Rights- of-Way are so notified, the County shall notify Comcast that such funds are available, and Comcast may apply or request that the County apply for such funds. In the event that the County requires the undergrounding projects specified in 3.2(c) above, and public and/or private funds are not available or do not cover the entire direct and actual cost of the underground relocation, Comcast reserves the right to pass its costs, or in the case of partial reimbursement from public and/or private funds its incremental cost, through to its Subscribers in accordance with applicable law.
(d) The County shall have the right to request that Comcast consider extending its Cable System by constructing line extensions to potential Subscribers under circumstances where the density requirements of Section 3.2(a) above of this Agreement are not currently met, provided that the County agrees that it will pay the cost of construction, including cost of material, labor, pole make-ready and easements, to extend the Cable System. The decision to extend the Cable System under circumstances where the density requirements of Section 3.2(a) are not met shall be at the discretion of Comcast.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. [SEE G.L.c. 166A §3(a)]
(a) Cable The area to be served is the entire Town of Lynnfield, subject to the limitations set forth herein. Service shall be made available provided to every dwelling occupied by a person requesting Cable Service Service, provided that Comcast the Licensee is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable ActCommunications Act of 1984. Comcast However, the Licensee shall not be obligated to extend the Cable Communications System into all areas within the Township where there is a minimum of twenty-five (25) dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated from the end of the nearest trunk line. Comcast shall complete said extensions within six (6) months of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.any area
(b) Installation costs shall conform with the 1992 Cable Consumer Protection Act, and regulations thereunder.
(i) Aerial Installations: Any dwelling unit within one hundred twenty-five fifty (150) feet (125 ft.) aerial distance of the cable existing Cable System plant shall be entitled to a standard aerial installation rate. For any dwelling unit in excess of Any aerial installation over one hundred twentyfifty (150) feet from the existing Cable System plant requiring trunk or distribution type construction shall be considered non-five feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend Cable Service standard and provided at a rate not in accordance with federal and/or state requirements, and if there are no such requirements, then based upon actual costs and a reasonable return on investment. The Licensee may charge Subscribers for non-standard or customized installations.
(ii) Underground installations. Underground installation shall be considered standard and therefore subject to exceed Comcast’s standard underground installation rates within one hundred fifty (150) feet of the existing Cable System plant, provided no trunk or distribution type construction is required and sub-surface is dirt or similar soft surface. Underground installations within one hundred fifty (150) feet of the existing Cable System plant requiring trunk or distribution type construction or involving a hard surface or requiring boring through rock or under sidewalks, street, flower bedding, etc., are considered non-standard installations and shall be provided at a rate based upon actual cost of installation costs and a reasonable return on investment. Installations more than one hundred fifty (150) feet from its main existing Cable System plant requiring trunk or distribution systemtype construction or involving a hard (concrete, asphalt, etc.) surface shall be provided at a rate in accordance with federal and/or state requirements, and if there are no such requirements, then based upon actual costs and a reasonable return on investment.
(c) The Township Provided Licensee has at least forty-five (45) days’ prior notice concerning the right to require that Comcast opening of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install its wires and/or equipment undergroundcable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and said quantity is not in stock, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast Licensee shall be underground in those areas of the Township where the wires and/or equipment of telephone and electric utilities are underground, provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal qualityallowed additional time for said installation. Comcast shall not be required to construct, operateThe Issuing Authority, or maintain its designee, shall exercise reasonable efforts to have the Planning Board and developers give timely notice of trenching and underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestalsconstruction to the Licensee.
Appears in 1 contract
Samples: Cable Television License
AREA TO BE SERVED. [SEE G.L.c. 166A §3(a)]
(a) Cable The area to be served is the entire Town of Xxxxxx, subject to the limitations set forth below. Service shall be made available provided to every dwelling, so long as such dwelling is within the limitations set forth below, occupied by a person requesting Cable Service and provided that Comcast the Licensee is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable ActCommunications Act of 1984. Comcast Licensee shall not be obligated to extend the Cable Communications System into all areas within the Township any area where there is a minimum of twenty-five are fewer than thirty (2530) dwelling units per linear plant aerial strand mile of aerial cable and fifty sixty (5060) dwelling units per underground mile of cable, calculated from the last dwelling unit toward the end of the nearest trunk line. Comcast Licensee shall complete said extensions within six (6) months of written notification extend cable services to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting). Comcast's obligation hereunder shall identified in Exhibit C, to be subject to the timely performance of walk-outcompleted by January 1, make ready and location of all underground utilities2002.
(b) Installation costs shall conform with the 1992 Cable Consumer Protection Act, and regulations thereunder. Any dwelling unit within one hundred twenty-five fifty feet (125 150 ft.) aerial distance or one hundred fifty feet (150 ft.) underground of the cable plant shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend Cable Service at a rate not to exceed Comcast’s actual cost of installation from its main distribution system.
(c) The Township Provided Licensee has at least forty-five (45) days’ prior notice concerning the right to require that Comcast opening of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install its wires and/or equipment undergroundcable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and said quantity is not in stock, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast Licensee shall be underground in those areas of the Township where the wires and/or equipment of telephone and electric utilities are underground, provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal qualityallowed additional time for said installation. Comcast shall not be required to construct, operateThe Issuing Authority, or maintain its designee, shall exercise reasonable efforts to have the Planning Board and developers give timely notice of trenching and underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestalsconstruction to the Licensee.
Appears in 1 contract
Samples: Cable Television License
AREA TO BE SERVED. (a) Comcast shall make Cable Service shall be made available to every dwelling occupied by a person requesting Cable Service provided that Comcast is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast shall extend the Cable System beyond that which exists on the Effective Date into all areas within the Township Township, unserved by another wireline video provider, where there is a minimum of twenty-five (25) dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated from the end of the main distribution line from which a usable Cable Service signal can be obtained. For purposes of this section, a home shall only be counted as a “dwelling unit” if such home is within two hundred seventy-five (275) feet of the nearest trunk linedistribution pole line within the public right of way. Upon written request from the Township, Comcast shall conduct a survey to determine the number of dwelling units in the requested area and shall inform the Township of the survey results and applicable costs to extend Service to the area. In those areas meeting the minimum density standard, Comcast shall commence construction within ninety (90) days after all necessary permits and pole attachment licenses are obtained. Subject to Force Majeure, Comcast will make best efforts to complete the construction of said extensions extension within six (6) months from the issuance of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting)all necessary permits and pole attachment licenses. Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities, weather permitting.
(b) Any dwelling unit within one hundred twenty-five (125) feet (125 ft.) aerial distance of from the cable plant main distribution line shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five (125) feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend the Cable Service at a rate not to exceed Comcast’s if the Subscriber pays Comcast the actual cost of installation from its main distribution systemsystem with such cost being only the incremental portion beyond one hundred twenty-five (125) feet for aerial installations.
(c) The Township has the right authority to require that Comcast install its to place wires and/or equipment underground, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast shall be underground in those areas of the Township where the wires and/or equipment of similarly situated entities (i.e. telephone and electric utilities utilities) are underground, ; provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals.
(d) In the event that public or private funds are made available to pay for such underground projects, Comcast that shall be included by the Township for such funds. In the event that Comcast is required to place existing aerial plant underground, Comcast reserves its right to pass any remaining costs in excess of any such available public or private funds through to Subscribers if and to the extent allowed by applicable law.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. (a) Comcast shall make Cable Service shall be made available to every dwelling occupied by a person requesting Cable Service provided that Comcast is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast shall extend the Cable System beyond that which exists on the Effective Date into all areas within the Township Borough, unserved by another wireline video provider, where there is a minimum of twenty-five (25) dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated from the end of the main distribution line from which a usable Cable Service signal can be obtained. For purposes of this section, a home shall only be counted as a “dwelling unit” if such home is within two hundred seventy-five (275) feet of the nearest trunk linedistribution pole line within the public right of way. Upon written request from the Borough, Comcast shall conduct a survey to determine the number of dwelling units in the requested area and shall inform the Borough of the survey results and applicable costs to extend Service to the area. In those areas meeting the minimum density standard, Comcast shall commence construction within ninety (90) days after all necessary permits and pole attachment licenses are obtained. Subject to Force Majeure, Comcast will make best efforts to complete the construction of said extensions extension within six (6) months from the issuance of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting)all necessary permits and pole attachment licenses. Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities, weather permitting.
(b) Any dwelling unit within one hundred twenty-five (125) feet (125 ft.) aerial distance of from the cable plant main distribution line shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five (125) feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend the Cable Service at a rate not to exceed Comcast’s if the Subscriber pays Comcast the actual cost of installation from its main distribution systemsystem with such cost being only the incremental portion beyond one hundred twenty-five (125) feet for aerial installations.
(c) The Township Borough has the right authority to require that Comcast install its to place wires and/or equipment underground, provided that the Township Borough imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast shall be underground in those areas of the Township Borough where the wires and/or equipment of similarly situated entities (i.e. telephone and electric utilities utilities) are underground, ; provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals.
(d) In the event that public or private funds are made available to pay for such underground projects, Comcast that shall be included by the Borough for such funds. In the event that Comcast is required to place existing aerial plant underground, Comcast reserves its right to pass any remaining costs in excess of any such available public or private funds through to Subscribers if and to the extent allowed by applicable law.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. [SEE G.L.c. 166A §3(a)]
(a) Cable The area to be served is the entire Town of Dighton. Service shall be made available provided to every dwelling occupied by a person requesting Cable Service Service, provided that Comcast the Licensee is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable ActCommunications Act of 1984. Comcast However, the Licensee shall not be obligated to extend the Cable Communications System into all areas within the Township any area where there is a minimum of twenty-five are fewer than fifteen (2515) dwelling units per linear plant aerial strand mile of aerial cable and fifty twenty (5020) dwelling units per underground mile of cable, calculated from the last dwelling unit toward the end of the nearest trunk line. Comcast shall complete said extensions within six (6) months of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Installation costs shall conform with the 1992 Cable Consumer Protection Act, and regulations thereunder. Any dwelling unit within one hundred twenty-five fifty feet (125 150 ft.) aerial distance or one hundred fifty feet (150 ft.) underground of the cable plant shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend Cable Service at a rate not to exceed Comcast’s actual cost of installation from its main distribution system.
(c) The Township Provided Licensee has at least forty-five (45) days’ prior notice concerning the right to require that Comcast opening of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install its wires and/or equipment undergroundcable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and said quantity is not in stock, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast Licensee shall be underground in those areas of the Township where the wires and/or equipment of telephone and electric utilities are underground, provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal qualityallowed additional time for said installation. Comcast shall not be required to construct, operateThe Issuing Authority, or maintain its designee, shall exercise reasonable efforts to have the Planning Board and developers give timely notice of trenching and underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestalsconstruction to the Licensee.
Appears in 1 contract
Samples: Cable Television License
AREA TO BE SERVED. [SEE G.L.c. 166A §3(a)]
(a) Cable The area to be served is the entire Town of West Springfield. Service shall be made available provided to every dwelling occupied by a person requesting Cable Service Service, provided that Comcast the Licensee is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable ActCommunications Act of 1984. Comcast However, the Licensee shall not be obligated to extend the Cable Communications System into all areas within the Township any area where there is a minimum of twenty-five are fewer than thirty (2530) dwelling units per linear plant aerial strand mile of aerial cable and fifty sixty (5060) dwelling units per underground mile of cable, calculated from the last dwelling unit toward the end of the nearest trunk line. Comcast shall complete said extensions within six (6) months of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Installation costs shall conform with the 1992 Cable Consumer Protection Act, and regulations thereunder. Any dwelling unit within one hundred twenty-five fifty feet (125 150 ft.) aerial distance or one hundred fifty feet (150 ft.) underground of the cable plant shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend Cable Service at a rate not to exceed Comcast’s actual cost of installation from its main distribution system.
(c) The Township Provided Licensee has at least forty-five (45) days’ prior notice concerning the right to require that Comcast opening of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install its wires and/or equipment undergroundcable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and said quantity is not in stock, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast Licensee shall be underground in those areas of the Township where the wires and/or equipment of telephone and electric utilities are underground, provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal qualityallowed additional time for said installation. Comcast shall not be required to construct, operateThe Issuing Authority, or maintain its designee, shall exercise reasonable efforts to have the Planning Board and developers give timely notice of trenching and underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestalsconstruction to the Licensee.
Appears in 1 contract
Samples: Cable Television License
AREA TO BE SERVED. (a) Comcast shall offer Cable Service shall be made to all residential dwellings in the Township and may make Cable Service available to every dwelling occupied by a person requesting Cable Service businesses in the Township provided that Comcast is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2621(a) (2) of the Cable Act. Comcast shall extend the Cable System into all areas within the Township where there is a minimum of twenty-five thirty (2530) dwelling units per linear plant mile of aerial cable cable, calculated from the end of the nearest trunk line and fifty (50) dwelling units per underground mile of cable, calculated from the end of the nearest trunk line. Comcast shall complete said extensions within six three (63) months of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting)herein. Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Any dwelling unit within one hundred twenty-five (125) feet (125 ft.) aerial distance of the cable plant shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five (125) feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend Cable Service at a rate not to exceed Comcast’s actual cost of installation from its main distribution system.
(c) The Township has the right to require that Comcast install shall install, at its wires and/or equipment own cost and expense, cables or other Cable System facilities underground wherever all existing utilities are installed underground, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast shall or where statute or ordinance requires utilities to be underground in those areas of the Township where the wires and/or equipment of telephone and electric utilities are placed underground, ; provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast Previously installed aerial cable shall be placed underground in concert with other utilities pursuant to the general ordinances of the Township or applicable law provided that the Township imposes such requirement on all similarly situated entities. Placing facilities underground does not be required to construct, operate, or maintain underground any preclude the use of ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, pedestals or pedestalssimilar facilities.
(d) Comcast shall adhere to all building and zoning codes currently or hereafter in effect. Comcast shall arrange its lines, cables and other appurtenances, on both public and private property, in such a manner as to cause no unreasonable interference with the use of said public or private property. In the event of such interference, the Township may require the removal and relocation of Comcast’s lines, cables and other appurtenances from the property in question at no cost to the Township.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. (a) Cable Service shall The area to be made available to every dwelling occupied by a person requesting Cable Service provided that Comcast served is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) entire Town of the Cable Act. Comcast shall extend the Cable System into all areas within the Township where there is a minimum of twenty-five (25) dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cableWestford, calculated from the end of the nearest trunk line. Comcast shall complete said extensions within six (6) months of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilitiesrestrictions noted below.
(b) Any dwelling unit within one hundred twenty-five feet The Licensee shall continue to provide Cable Service to all Subscribers in good standing (125 ft.per Section 5.7 infra) aerial distance at the time of the cable Effective Date of this Renewal License.
(c) Subject to 4.1(f) infra, the Licensee shall continue to offer Cable Service to all residences and non-commercial buildings in the Town not currently served or otherwise newly constructed, unless legally or otherwise prevented from doing so by factors outside of the Licensee‟s control, including, but not limited to, denial of access by owners of private property or multiple dwelling units. Service to commercial establishments shall be in accordance with Section 4.14 infra.
(d) Standard residential/non-commercial installation charges shall be consistent with federal and State regulations.
(e) Any residence or non-commercial building within three hundred (300‟) of existing Cable System plant (energized trunk or feeder line) shall be entitled to a standard installation raterate upon request for Cable Service. For Any aerial or underground installation greater than 300‟ shall be provided at the standard installation rate plus the Licensee‟s actual cost, plus profit, if allowable, for the excess footage beyond 300‟ and/or any dwelling unit in other aspect of non standard installations, possibly including a share of the line-extension cost, if applicable (per paragraph (f) infra), to extend the existing Cable System plant to the closest feasible entry point on the property boundary of the residence or building being wired. The Licensee shall provide a detailed itemized written estimate of labor and material costs for the excess of one hundred twentyDrop footage, non-five feet (125 ft.) aerial distance or that requires an underground installationstandard installations, Comcast shall extend and/or line-extension, as described above, to any person requesting Cable Service at involving a rate not to exceed Comcast’s actual cost Drop over 300‟, within seven (7) days of installation from its main distribution systemthe request for service.
(cf) The Township has allocation of line-extension costs to potential Subscribers in newly-constructed, or previously unserved residential areas depends on the right neighborhood housing density, i.e., the number of housing units per mile (HUPM) of unconstructed contiguous cable plant, as measured relative to require that Comcast install its wires and/or equipment underground, provided that the Township imposes distance from the nearest energized trunk or feeder line to the farthest potential Subscriber residence property boundary in the neighborhood. A potential Subscriber group in such requirement on all similarly situated entitiesan unconstructed area will typically split the neighborhood line-extension cost share. All installations The potential Subscriber group‟s share of wires and/or equipment by Comcast line-extension costs (as a percentage of the total) shall be underground in those areas of based on the Township where the wires and/or equipment of telephone and electric utilities are underground, provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast shall not be required following criteria: HUPM (Aerial) HUPM (Underground) Share (i) 25 35 0% (ii) 20 to construct, operate, or maintain underground any ground00 00-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals.00 00% (iii) 15 to 00 00-00 00% (iv) 10 to 00 00-00 00% (v) 5 to 9 7-14 60%
Appears in 1 contract
Samples: Cable Television Renewal License
AREA TO BE SERVED. (a) Comcast shall make Cable Service shall be made available to every dwelling occupied by a person requesting Cable Service provided that Comcast is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast shall extend the Cable System beyond that which exists on the Effective Date into all areas within the Township Borough, unserved by another wireline video provider, where there is a minimum of twenty-five (25) dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated from the end of the main distribution line from which a usable Cable Service signal can be obtained. For purposes of this section, a home shall only be counted as a “dwelling unit” if such home is within two hundred seventy-five (275) feet of the nearest trunk linedistribution pole line within the public right of way. Upon written request from the Borough, Comcast shall conduct a survey to determine the number of dwelling units in the requested area and shall inform the Borough of the survey results and applicable costs to extend Service to the area. In those areas meeting the minimum density standard, Comcast shall commence construction within ninety (90) days after all necessary permits and pole attachment licenses are obtained. Subject to Force Majeure, Comcast will make best efforts to complete the construction of said extensions extension within six (6) months from the issuance of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting)all necessary permits and pole attachment licenses. Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities, weather permitting.
(b) Any dwelling unit within one hundred twenty-five (125) feet (125 ft.) aerial distance of from the cable plant main distribution line shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five (125) feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend the Cable Service at a rate not to exceed Comcast’s if the Subscriber pays Comcast the actual cost of installation from its main distribution systemsystem with such cost being only the incremental portion beyond one hundred twenty-five (125) feet for aerial installations.
(c) The Township Borough has the right authority to require that Comcast install its to place wires and/or equipment underground, provided that the Township Borough imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast shall be underground in those areas of the Township Borough where the wires and/or equipment of similarly situated entities (i.e. telephone and electric utilities utilities) are underground, ; provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal quality. Comcast shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals.
(d) In the event that public or private funds are made available to pay for such underground projects, Comcast may apply or request that the Township apply for such funds. In the event that Comcast is required to place existing aerial plant underground, Comcast reserves its right to pass any remaining costs in excess of any such available public or private funds through to Subscribers if and to the extent allowed by applicable law.
Appears in 1 contract
Samples: Cable Franchise Agreement
AREA TO BE SERVED. [SEE G.L.c. 166A §3(a)]
(a) Cable The area to be served is the entire Town of Plainville, subject to the limitations set forth herein. Service shall be made available provided to every dwelling occupied by a person requesting Cable Service that can be reached by the Cable Communications System via the public right of way in the Town or easements in the Town over which the Town has control, provided that Comcast the Licensee is able able, in addition, to obtain from the owners of private property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable ActCommunications Act of 1984. Comcast However, the Licensee shall not be obligated to extend the Cable Communications System into all any areas within of new development not currently served as of the Township Effective Date where there is a minimum of twenty-five are fewer than thirty (2530) dwelling units per linear plant strand mile of aerial cable and fifty (50) dwelling units per or underground mile of cable, calculated from the last dwelling unit toward the end of the nearest trunk line. Comcast shall complete said extensions within six (6) months of written notification to Comcast by the Township that an area has met the minimum density standard set forth herein (weather permitting). Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Installation costs shall conform to the 1992 Cable Consumer Protection Act, and regulations thereunder. Any dwelling unit within one hundred twenty-five fifty feet (125 150 ft.) aerial distance of the cable plant shall be entitled to a standard installation rate; provided, however, that underground installations within one hundred fifty feet (150’) of the existing Cable System requiring trunk or distribution type (e.g. amplifier and feeder cable) construction or involving a hard surface or that require boring through rock or under sidewalks or asphalt street are considered non-standard installations and shall be provided at a rate based on actual costs. For any dwelling unit Drops in excess of one hundred twenty-five feet and fifty (125 ft.150) aerial distance or that requires an underground installationstandard footage, Comcast shall extend Cable Service at a rate not to exceed Comcast’s actual cost of installation from its main distribution systemSubscribers may be charged for materials and labor.
(c) The Township Town will notify Licensee of any approved subdivisions. Provided Licensee has at least forty-five (45) days’ prior notice concerning the right to require that Comcast opening of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install its wires and/or equipment undergroundcable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and said quantity is not in stock, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast Licensee shall be underground in those areas of the Township where the wires and/or equipment of telephone and electric utilities are underground, provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the Cable System’s signal qualityallowed additional time for said installation. Comcast shall not be required to construct, operateThe Issuing Authority, or maintain its designee, shall exercise reasonable efforts to have the Planning Board and developers give timely notice of trenching and underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestalsconstruction to the Licensee.
Appears in 1 contract
Samples: Cable Television License
AREA TO BE SERVED. (a) Comcast shall offer Cable Service shall be made to all residential dwellings in the City and may make Cable Service available to every dwelling occupied by a person requesting Cable Service businesses in the City provided that Comcast is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Comcast shall extend the Cable System into all areas within the Township City where there is a minimum of twenty-five twenty (2520) occupied residential dwelling units per linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable, calculated in strand footage from the end of the nearest trunk line. Comcast shall complete said extensions within six (6) months of written notification to Comcast by the Township City that an area has met the minimum density standard set forth herein (weather permitting)herein. Comcast's obligation hereunder shall be subject to the timely performance of walk-out, make ready and location of all underground utilities.
(b) Any dwelling unit within one hundred twenty-five (125) feet (125 ft.) aerial distance of the cable plant shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five (125) feet (125 ft.) aerial distance or that requires an underground installation, Comcast shall extend Cable Service at a rate not to exceed Comcast’s actual cost that based on a time plus materials basis to be calculated on that portion of the installation from its main distribution systemthat exceeds the standard installation distance set forth above.
(c) The Township has Comcast shall install, at its own cost and expense, cables or other Cable System facilities underground wherever and at the right to require that Comcast install its wires and/or equipment same time existing utilities in the immediate vicinity are installed underground, provided that the Township imposes such requirement on all similarly situated entitiesor where statute or ordinance requires utilities to be placed underground. All installations of wires and/or equipment by Comcast Previously installed aerial cable shall be placed underground in those areas concert with other utilities pursuant to the general ordinances of the Township where the wires and/or equipment of telephone and electric utilities are undergroundCity or applicable law, provided, however, provided that such underground locations are capable of accommodating Comcast’s facilities cable and/or other equipment without material technical degradation of the Cable System’s signal quality. Comcast shall Placing facilities underground does not be required to construct, operate, or maintain underground any ground-preclude the use of ground- mounted appurtenances such as Subscriber customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or pedestalsother related equipment.
(d) Comcast shall adhere to all building and zoning codes currently or hereafter in effect. Comcast shall arrange its lines, cables and other appurtenances, on both public and private property, in such a manner as to cause no unreasonable interference with the use of said public or private property. In the event of such interference, and upon reasonable prior written notice, the City may require the removal and relocation of Comcast’s lines, cables and other appurtenances from the property in question at no cost to the City.
Appears in 1 contract
Samples: Cable Franchise Agreement