§ 138-45. Construction standards.

A. 

Methods of construction, installation, maintenance, and repair of any multichannel system shall comply with the most current editions of the National Electrical Safety Code (NESC) and the National Electrical Code (NEC) as regards the construction, installation, and maintenance of electrical supply and communication lines and attachments and supports, including, but not limited to cable television systems. To the extent that these are inconsistent with other provisions of a franchise, other agreement, license or permit, or state or local law, state law shall apply unless the state permits the local law or ordinance to control, in which case the local law and this chapter shall control.

B. 

Any MCS provider, when engaged in any construction, installation, maintenance, and repair activities, shall treat the aesthetics of property as a priority, shall not substantially change or affect the appearance or the integrity of the structure and the property on which it is situated in a negative manner, which specifically includes prohibiting the installation of a drop and associated components on the bias across the side of a residence or other structure without the property owner's permission. This specifically means that, unless impracticable, all drop material attached to a dwelling or business must follow the perimeter lines or roof lines of the dwelling or business to the extent possible, and result in the minimum visual effect reasonably possible, taking into account the reasonable desires of the subscriber.

C. 

To the extent not physically or commercially impracticable, all underground drops shall follow property lines, and shall cross property only at right angles, unless otherwise permitted by the property owner, or unless required due to the physical characteristics of the subsurface or surface obstructions.

D. 

Underground installations shall be constructed in accordance with the specifications and requirements of the Town and the National Electrical Safety Code and the National Electrical Code, including, but not limited to depth of burial. In the event that the National Electrical Code does not at any time address depth of burial for individual service drops, the required minimum depth shall be such that a ten-inch long spade traditionally used in normal landscaping and yard maintenance would not damage the drop.

E. 

For existing multichannel systems, the provisions of Subsection C of this section shall apply only at the time a scheduled upgrade or rebuild of the MCS provider's multichannel system is actually commenced and in progress. For newly served areas, the provisions of Subsection C of this section shall apply at the time of initial construction and/or installation.

F. 

For an MCS provider operating a multichannel system in the Town at the date of adoption of this chapter, the MCS provider shall be required to bring all service drops into compliance with the requirements of this section within 24 months from the date of adoption of this chapter.

G. 

In instances where either electrical or telephone utilities install wire or cable aerially, the MCS provider may construct its multichannel system aerially, unless otherwise required by state law; provided, however, that all minimum separations between facilities as required by applicable code, rule or regulation must at all times be complied with, and there shall at no time be a conflict with or any contact between the MCS provider's wires and cable or other equipment and facilities and those of a utility.