§ 44-4. Installation of poles and other transmission facilities; fees; usage and other requirements.

A. 

To the extent possible, all facilities erected, maintained or operated pursuant to this chapter shall be attached to poles already in existence in the Township. To the extent that existing poles are insufficient for the purposes hereof, or if anyone being granted the right hereunder (hereinafter referred to as "licensee") is unable to negotiate agreements satisfactory to the licensee providing for use of existing poles, the licensee shall have the right to erect and maintain its own poles as necessary for the construction and maintenance of its television distribution system with the approval of locating such poles by the Township Engineer; provided, however, that the approval of the Township Engineer shall not be granted for the installation of such poles when, in the professional opinion of the Township Engineer, the installation of such new transmission facilities underground is feasible, considering engineering criteria only; and provided further, that all residential areas of the Township which are served by underground electrical utilities shall be served only by underground transmission and distribution facilities. Otherwise, the approval of the Township Engineer shall not be unreasonably held.

B. 

The licensee shall have the right, authority, power and privilege to attach any of its system facilities to any existing or future poles, towers or other electrical facilities owned by the Township in a manner which will not interfere with the use of such poles, towers and other electrical facilities by the Township, provided that no such attachment shall take place unless 72 hours' prior notice has been given to the Township and the Township has failed to object to such attachment. The Township shall not unreasonably object to any such attachment.

C. 

The licensee shall pay to the Township an annual fee for each pole utilized by the licensee owned by the Township, which fee shall not be less than $1.50 per pole. If the licensee shall negotiate a contract with the telephone or electrical utilities serving adjacent properties for the use of their poles, then the annual fee payable hereunder shall be the same as the fee payable pursuant to such negotiated contracts, but not less than the minimum as aforesaid.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. 

In the event that the licensee negotiates a contract fee per year per pole with the telephone or electrical utilities serving adjacent properties, providing for different fees to each of those entities, the annual fee per pole payable to the Township for each pole owned by the Township and utilized by the licensee shall be the higher of the town negotiated contract fees, subject to the minimum as aforesaid.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. 

In the event the licensee does not negotiate an agreement for the use of the poles of either the telephone or electrical utilities serving adjacent properties, the fee payable by the licensee to the Township shall be the minimum as aforesaid, an annual fee of $1.50 for each pole owned by the Township and utilized by the licensee. In the event that a licensee shall use a pole for less than a full year, then the charge for such pole shall be prorated from the day when the use of the pole began.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. 

The Township hereby states its desire that all holders of public licenses and franchises within the corporate limits of the Township shall cooperate with every licensee hereunder to allow usage of existing poles and pole line facilities wherever possible and wherever such usage does not interfere with the normal operation of said pole and pole line so that the number of new or additional poles constructed in the Township shall be minimized.

G. 

Each licensee shall extend to the Township, free of any expense, joint use of any and all poles owned by any licensee for any proper municipal purpose insofar as may be accomplished without interference with the use and enjoyment of the licensee's own wires and fixtures. The Township shall hold each licensee harmless from any and all action, causes of action or damage caused by any action of the Township in placing wires or appurtenances upon the poles of the licensee.

H. 

Insofar as it is within the power of the Township to grant the following right, the approval of any application made hereunder shall grant to the licensee whose application is approved the authority to trim trees upon and overhanging all streets, alleys, basements, sidewalks and other public places within the Township, so as to prevent the branches of such trees from coming into contact with the facilities of the licensee.

I. 

Each licensee whose application is approved pursuant to this chapter shall construct an all bands system capable of providing 30 channels of television reception and FM radio to the licensee's subscribers, and installation and maintenance of equipment shall be such that standard color signals shall be transmitted to subscribers. The Township may, at its option, condition approval of any application, either at the time application is made or at any time thereafter, that the licensee shall extend its service to all areas of the licensor that have a density of at least 35 homes per mile of extension from the licensee's then-existing cable distribution facilities.

J. 

One of the 30 channels referred to in Subsection I above shall be a free-of-charge community access channel. Any public agency or nonprofit secular organization approved by the Township or licensee shall be entitled to access.