Common use of SYSTEM SPECIFICATIONS AND CONSTRUCTION Clause in Contracts

SYSTEM SPECIFICATIONS AND CONSTRUCTION. SECTION 3.1 AREA TO BE SERVED [SEE G.L.c. 166A §3(a)] (a) The area to be served is the entire Town of Southwick, excluding the areas identified in Exhibit A attached hereto and made a part hereof. Service shall be provided to every dwelling within the service area occupied by a Person requesting cable service, provided that the Licensee is able to obtain from property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable Communications Act of 1984. (b) The Licensee agrees to extend the Cable Communications System at its own cost into newly constructed areas (after the completion of the System rebuild) as the dwellings become physically occupied, provided that the areas meet the criteria of twenty (20) homes per mile as measured back to the existing System; aerial utility poles are present; and the Licensee is able to obtain from property owners any necessary easements and/or permits at no cost in order to provide such System extension. Service will be provided to areas not included in the primary service area, where the average density of homes is less than twenty (20) per mile, upon payment by Subscriber of an installation surcharge or contribution in aid of construction. (c) Installation costs shall conform with the 1992 Cable Consumer Protection Act, and regulations thereunder. Any dwelling unit within two hundred feet (200 ft.) aerial or two hundred feet (200 ft.) underground of the cable plant shall be entitled to a standard installation rate. Any dwelling unit beyond two hundred feet (200 ft.) shall be entitled to installation of payment of an installation sub-charge or contribution in aid of construction. (d) Subject to the density requirements in subsection (b) above and 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 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. (e) The Licensee agrees to offer PrimeStar satellite dish service at standard cable installation rates to all Southwick residents for whom service is not guaranteed under subsection (a) above.

Appears in 1 contract

Sources: Cable Television License

SYSTEM SPECIFICATIONS AND CONSTRUCTION. SECTION 3.1 AREA TO BE SERVED [SEE G.L.c. 166A §3(a)] (a) The area to be served is the entire Town of Southwick, excluding the areas identified in Exhibit A attached hereto and made a part hereofHanover. Service shall be provided to every dwelling within the service area occupied by a Person person requesting cable serviceCable Service, provided that the Licensee is able to obtain from property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable Communications Act of 1984. (b) The . However, the Licensee agrees shall not be obligated to extend the Cable Communications System at its own cost into newly constructed areas any area where there are fewer than ten (after 10) dwelling units per aerial strand mile of cable and fifteen (15) dwelling units per underground mile of cable, calculated from the completion last dwelling unit toward the end of the System rebuild) as the dwellings become physically occupied, provided that the areas meet the criteria of twenty (20) homes per mile as measured back to the existing System; aerial utility poles are present; and the Licensee is able to obtain from property owners any necessary easements and/or permits at no cost in order to provide such System extension. Service will be provided to areas not included in the primary service area, where the average density of homes is less than twenty (20) per mile, upon payment by Subscriber of an installation surcharge or contribution in aid of constructionnearest trunk line. (cb) Installation costs shall conform with the 1992 Cable Consumer Protection Act, and regulations thereunder. Any dwelling unit within two one hundred fifty feet (200 150 ft.) aerial or two one hundred fifty feet (200 150 ft.) underground of the cable plant shall be entitled to a standard installation rate. Any dwelling unit beyond two hundred feet (200 ft.) shall be entitled to installation of payment of an installation sub-charge or contribution in aid of construction. (dc) Subject to the density requirements in subsection (b) above and provided Provided Licensee has at least forty-five (45) days 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 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. (e) The Licensee agrees to offer PrimeStar satellite dish service at standard cable installation rates to all Southwick residents for whom service is not guaranteed under subsection (a) above.

Appears in 1 contract

Sources: Cable Television License

SYSTEM SPECIFICATIONS AND CONSTRUCTION. SECTION 3.1 AREA TO BE SERVED [SEE G.L.c. 166A §3(a)] (a) The area to be served is the entire Town of SouthwickLincoln, excluding subject to the areas identified in Exhibit A attached hereto and made a part hereoflimitations set forth herein. Service shall be provided to every dwelling within the service area occupied by a Person person requesting cable serviceCable Service, provided that the Licensee is able to obtain from property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable Communications Act of 1984. (b) The . However, the Licensee agrees shall not be obligated to extend the Cable Communications System at its own cost into newly constructed areas any area where there are fewer than thirty (after 30) dwelling units per aerial strand mile of cable and sixty (60) dwelling units per underground mile of cable, calculated from the completion last dwelling unit toward the end of the System rebuild) as the dwellings become physically occupied, provided that the areas meet the criteria of twenty (20) homes per mile as measured back to the existing System; aerial utility poles are present; and the Licensee is able to obtain from property owners any necessary easements and/or permits at no cost in order to provide such System extension. Service will be provided to areas not included in the primary service area, where the average density of homes is less than twenty (20) per mile, upon payment by Subscriber of an installation surcharge or contribution in aid of constructionnearest trunk line. (cb) Installation costs shall conform with the 1992 Cable Consumer Protection Act, and regulations thereunder. . (i) Aerial Installations: Any dwelling unit within two one hundred fifty (150) feet (200 ft.) aerial or two hundred feet (200 ft.) underground of the cable existing Cable System plant shall be entitled to a standard aerial installation rate. Any dwelling unit beyond two aerial installation over one hundred fifty (150) feet (200 ft.) from the existing Cable System plant requiring trunk or distribution type construction shall be entitled to installation of payment of an installation subconsidered non-standard and 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. The Licensee may charge Subscribers for non- standard or contribution in aid of constructioncustomized installations. (dii) Subject Underground installations. Underground installation shall be considered standard and therefore subject to standard underground installation rates within one hundred fifty (150) feet of the density requirements 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 costs and a reasonable return on investment. Installations more than one hundred fifty (150) feet from existing Cable System plant requiring trunk or distribution type construction or involving a hard (concrete, asphalt, etc.) surface shall be provided at a rate in subsection 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. (bc) above and provided Provided Licensee has at least forty-five (45) days 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 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. (ed) The 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 ▇▇▇▇▇▇▇ 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 authority to do so, Licensee agrees to offer PrimeStar satellite dish service provide Residential Service to residents on the former Base property that is formally ascribed to the Town of Lincoln according to the provisions of this Article 3, or through its existing plant at standard cable installation rates to all Southwick residents for whom service is not guaranteed under subsection (a) aboveHanscom.

Appears in 1 contract

Sources: Cable Television License

SYSTEM SPECIFICATIONS AND CONSTRUCTION. SECTION 3.1 AREA TO BE SERVED [SEE G.L.c. 166A §3(a)] (a) The area to be served is the entire Town of Southwick, excluding Sterling with the areas identified in Exhibit A attached hereto and made a part hereofexception of ▇▇▇▇▇▇ ▇▇▇▇ Road. Service shall be provided to every dwelling within the service area occupied by a Person person requesting cable service, provided that the Licensee is able to obtain from property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable Communications Act of 1984. (b) The . With the exception of those areas listed in Exhibit A attached hereto and made a part hereof where the Cable Communications System will be extended, the Licensee agrees shall not be obligated to extend the Cable Communications System at its own cost into newly constructed areas any area where there are fewer than ten (after 10) dwelling units per aerial strand mile of cable and fifteen (15) dwelling units per underground mile of cable, calculated from the completion last dwelling unit toward the end of the System rebuild) as the dwellings become physically occupied, provided that the areas meet the criteria of twenty (20) homes per mile as measured back to the existing System; aerial utility poles are present; and the Licensee is able to obtain from property owners any necessary easements and/or permits at no cost in order to provide such System extension. Service will be provided to areas not included in the primary service area, where the average density of homes is less than twenty (20) per mile, upon payment by Subscriber of an installation surcharge or contribution in aid of constructionnearest trunk line. (cb) Installation costs shall conform with the 1992 Cable Consumer Protection Act, and regulations thereunder. Any dwelling unit within two one hundred fifty feet (200 150 ft.) aerial or two one hundred fifty feet (200 150 ft.) underground of the cable plant shall be entitled to a standard installation rate. Any dwelling unit beyond two hundred feet (200 ft.) shall be entitled to installation of payment of an installation sub-charge or contribution in aid of construction. (dc) Subject to the density requirements in subsection (b) above and provided Provided Licensee has at least forty-five (45) days 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 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. (e) The Licensee agrees to offer PrimeStar satellite dish service at standard cable installation rates to all Southwick residents for whom service is not guaranteed under subsection (a) above.

Appears in 1 contract

Sources: Cable Television License

SYSTEM SPECIFICATIONS AND CONSTRUCTION. SECTION 3.1 AREA TO BE SERVED [SEE G.L.cM.G.L.c. 166A §3(a)] (a) The area to be served is the entire Town of Southwick, excluding the areas identified in Exhibit A attached hereto and made a part hereof. Licensee shall make Cable Service shall be provided available to every residential dwelling unit within the service area occupied by a Person requesting cable serviceTown where the minimum density is at least fifteen (15) dwelling units per aerial mile and thirty (30) dwelling units per underground mile providing however, provided that such dwelling units are within one (1) mile of the existing Cable System and the Licensee is able to obtain from property owners any necessary easements and/or permits in accordance with Section 621(a)(2Cable Act. Subject to the density requirement, Licensee shall offer Cable Service to all new homes or previously unserved homes located within one hundred twenty-five feet (125’) of the Federal Cable Communications Act Licensee’s Distribution Cable. For non-Standard Installations the Licensee shall offer said service within ninety (90) days of 1984a Subscriber requesting such for aerial installations and one hundred and eighty (180) days, weather permitting, of a Subscriber requesting such for underground installations. With respect to areas of the Town which are currently served by Licensee from a contiguous cable television system or currently unserved but could be served by abutting town(s) served by Licensee, Licensee shall have the option to serve such areas from its cable television system in such abutting town. (b) The Licensee agrees to extend the Cable Communications System at its own cost into newly constructed areas (after the completion of the System rebuild) as the dwellings become physically occupied, provided that the areas meet the criteria of twenty (20) homes per mile as measured back to the existing System; aerial utility poles are present; and the Licensee is able to obtain from property owners any necessary easements and/or permits at no cost in order to provide such System extension. Service will be provided to areas not included in the primary service area, where the average density of homes is less than twenty (20) per mile, upon payment by Subscriber of an installation surcharge or contribution in aid of construction. (c) Installation costs shall conform with the 1992 Cable Consumer Protection Act, and regulations thereunder. Any dwelling unit within two one hundred twenty-five feet (200 125 ft.) aerial or two one hundred twenty-five feet (200 125 ft.) underground of the cable plant Distribution Cable shall be entitled to a standard installation Standard Installation rate, unless the sub-surface is a hard surface or requires boring through rock or a similar hard surface (i.e. concrete, asphalt, etc.). Any dwelling unit beyond two Installations of more than one hundred twenty-five feet (200 125 ft.) or which involve a hard surface or which require boring shall be provided at a rate established by the Licensee in accordance with applicable federal and state laws. For installations more than one hundred twenty-five feet (125 ft.), not involving a hard surface, the first one hundred twenty-five feet (125 ft.) shall be entitled to installation of payment of an installation sub-charge or contribution in aid of constructionat the Standard Installation rate. (dc) Subject to the density requirements in subsection (b) above and provided Provided Licensee has at least forty-five ninety (4590) days days’ prior written 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 Issuing Authority, or its designee, shall exercise reasonable efforts to have the Planning Board and developers give timely written notice of trenching and underground construction to the Licensee. Developer shall be responsible for the digging and back-filling of all trenches. (ed) The If all of the transmission and distribution facilities of all of the respective public or municipal utilities, if any, in Town are underground, the Licensee agrees shall place its Cable Systems’ transmission and distribution facilities underground; provided that (1) such underground locations are actually capable of accommodating the Licensee’s cable and other equipment without technical degradation of the Cable System’s signal quality, and (2) the Licensee is reimbursed for its costs associated with such underground placement if reimbursement is made to offer PrimeStar satellite dish service at standard cable installation rates any of the other respective utility companies in Town. Such reimbursement shall be through payment from the Town. In any area of Town where the transmission or distribution facilities of the respective public or municipal utilities are both aerial and underground, the Licensee shall have the discretion to construct, operate, and maintain all Southwick residents for whom service is not guaranteed under subsection (a) aboveof its transmission and distribution facilities, or any part thereof, aerially or underground. Nothing in this Section shall be construed to require the Licensee to construct, operate, or maintain underground any ground-mounted appurtenances such as customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or other related equipment.

Appears in 1 contract

Sources: Cable Television License