§ A237-11. Construction; system requirements.

Comcast shall perform construction and installation of its plant and facilities in accordance with applicable state and federal law. The Company shall be subject to the following additional construction requirements with respect to the installation of its plant and facilities in the Borough:

A. 

In the event that the Company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces, the Company shall, at its sole expense, restore and replace such disturbances in as good a condition as existed prior to the commencement of said work.

B. 

If, at any time during the period of this consent, the municipality shall alter or change the grade of any street, alley or other way or place, the Company, upon reasonable notice by the Borough, shall remove or relocate its equipment, at its own expense.

C. 

Upon request of a person holding a building or moving permit issued by the Borough, the Company shall temporarily move or remove appropriate parts of its facilities so as to permit the moving or erection of buildings or for the performance of other work. The expense of any such temporary removal or relocation shall be paid in advance to the Company by the person requesting the same. In such cases, the Company shall be given not less than 14 days' prior written notice in order to arrange for the changes required.

D. 

During the exercise of its rights and privileges under this consent, the Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Borough so as to prevent the branches of such trees from coming in contact with the wires, cables, conduits and fixtures of the Company. Such trimming shall be only to the extent necessary to maintain proper clearance for the Company's facilities.

E. 

Comcast agrees that the capabilities of the cable system shall be maintained technologically current throughout the duration of the franchise, as compared with other communities served by Comcast, to the extent economically reasonable and commercially practicable. Comcast further agrees that it will exercise reasonable efforts to deploy the same or comparable cable services in the Borough that are provided to other similarly situated communities operated by Comcast in Ocean County, on other than a trial or test basis; provided, however, this obligation shall apply only to comparisons with other communities whose cable system has the same technical capabilities to offer such cable services as the system operated in the Borough, including, but not limited to, the system's band width capacity, physical architecture. and network construction; and, further provided that this requirement shall be subject to Comcast's reasonable right to consider the commercial practicality of providing such cable service in the Borough, including its ability to obtain a reasonable rate of return on investment over the remaining term of the Consent.