Orange County NC Website
Browse       Search
Section 12. Public Rights-of-Way Use Conditions <br /> A. The Grantor reserves the right, upon Reasonable Notice, to require the Grantee at <br /> its expense to protect, support, temporarily disconnect, relocate or remove from <br /> the Public Rights-of-Way any property of the Grantee by reason of traffic <br /> conditions, public safety, street construction or excavation, change or <br /> establishment of street grade, installation of sewers, drains, water pipes, power or <br /> communication lines, or other types of structure or improvements by <br /> governmental agencies for governmental purposes. Reasonable Notice for <br /> purposes of this Section shall be construed to mean at least ninety (90) days, <br /> except in the case of emergencies where no specific notice period shall be <br /> required. The Grantor shall endeavor to notify and seek comment. from the <br /> Grantee,with respect to minimizing disruption to the Cable System, where public <br /> works projects may affect the Grantee's Cable System. In the event Grantor <br /> reimburses any other user of the right of way for such relocation, Grantee shall be <br /> similarly reimbursed. <br /> B. The Grantee shall relocate its facilities and appliances that are in conflict with <br /> County or state projects to upgrade or construct roadways, or other public <br /> infrastructure in accordance with the governing law regarding reimbursement of <br /> such expenses by the state. <br /> C. Whenever a Public Right-of-Way exists to accommodate the Grantee's Cable <br /> system, the Grantee shall make every effort to locate its facilities, other than <br /> Customer drops, within the Grantor's Rights-of-Way, unless there are legitimate <br /> legal, technical, operational, or economic reasons to do otherwise. <br /> D. The Grantee shall adhere to all federal, state and generally applicable <br /> nondiscriminatory local regulations regarding the location, construction, and <br /> maintenance of its facilities within the Public Rights-of-Way. The Grantee shall <br /> take reasonable preventative measures to protect existing facilities within the <br /> Public Rights-of-Way. <br /> E. The Grantee shall restore and replace landscaped areas within the Public Right-of <br /> Way, pavement, pedestrian lighting, sidewalks, curbs, gutters or other facilities <br /> damaged by the Grantee or its contractors with like material to their former <br /> condition at the Grantee's expense, and shall thereafter, from time to time, but no <br /> longer than one (1) year from the completion of the job, readjust, fill and finish <br /> the same as may be necessary due to settling of the earth associated with the <br /> Grantee's disruption of the Public Rights-of-Way. <br /> Section 13. Initial and Continuing Tests <br /> A. The Grantee, shall perform all tests necessary to demonstrate compliance with the <br /> requirements of 47 C.F.R §76, subpart K. All tests shall be conducted in <br /> accordance with the FCC's rules at the Grantee's expense. <br /> 10 <br />