§ A210-35. System construction, alteration or change.

Twenty-four months after the effective date of this franchise, and every 24 months thereafter for the term of this franchise, the grantee shall provide to the Council a written report detailing the physical and technical condition of the system. The grantee has demonstrated in its RFP, marked Attachment D, attached and incorporated herein, that no rebuild or changes to the system are required or anticipated at this time. Therefore, any construction, rebuild, upgrade, overbuild, expansion or substantial change of any nature to the system during the term of this franchise shall be conducted in the following manner:

A. 

At least 90 days prior to the commencement of any construction, rebuild, upgrade, overbuild, expansion or substantial change of any nature to the system requiring a capital expenditure exceeding $100,00, the grantee shall submit to the Council for approval a detailed description of the proposed changes or alterations, cost of the improvement, evidence of satisfactory construction insurance, construction schedules, timetables for completion and such other information as the Council may request. The Council shall have the right to request additional information within 30 days of the first submission date.

B. 

Upon receipt of all information, the Council shall, within 30 days or at least two regular Council meetings (whichever is greater), act to approve or disapprove the proposed changes. If no action is taken during the specified time, the proposed changes shall be deemed approved. Council consideration to approve or disapprove shall include, but not be limited to, whether such change is reasonable to meet the cable-related needs of the community, taking into account the cost of providing such change. Such approval shall not be unreasonably withheld.

C. 

In the event that the system is rebuilt during the term of this franchise, the grantee shall extend increased service to all subscribers of the Borough simultaneously or within a reasonable time, such time not to exceed 30 days.

Editor's Note: This attachment is on file in the Borough offices.