Mass. Gen. Laws ch. 166A, sec. 5 — MA Code / Part I / Title XXII / Chapter 166A / Section 5
Conditions imposed on licensee
Status: in_force

Section 5. In the event a license is issued, each licensee shall agree to the following: (a) In installing, operating, and maintaining equipment, cable and wires, it shall avoid all unnecessary damage and injury to trees, structures, and improvements in and along the routes authorized by the issuing authority. (b) It shall indemnify and hold the city or town harmless at all times during the term of the license from any and all claims for injury and damage to persons or property, both real and personal, caused by the installation, operation, or maintenance of any structure, equipment, wire or cable authorized to be installed pursuant to the license. Upon receipt of notice in writing from the issuing authority it shall at its own expense defend any action or proceeding against the city or town in which it is claimed that personal injury or property damage was caused by activities of the licensee in the installation, operation, or maintenance of its system. (c) It shall carry insurance in companies satisfactory to the issuing authority indemnifying the city or town and itself from and against any and all claims for injury or damage to persons or property, both real and personal, caused by the construction, installation, operation, or maintenance of any structure, equipment, wires or cables authorized or used pursuant to the license. The amount of such insurance against liability for damage to property shall not be less than two hundred thousand dollars as to any one accident. The amount of such insurance for liability for injury or death to persons shall not be less than one hundred thousand dollars on account of injury to or death of any one person and three hundred thousand dollars on account of injury to or death of any number of persons in any one accident. (d) It shall not engage directly or indirectly in the business of selling or repairing television or radio sets. (e) It shall provide a cable drop and an outlet along its cable routes at no cost to public schools, police and fire stations, public libraries, and other public buildings designated in writing by the issuing authority. (f) Upon termination of the period of the license or of any renewal thereof by passage of time or otherwise, it shall remove its supporting structures, poles, transmission and distribution systems and other appurtenances from the streets, ways, lanes, alleys, parkways, bridges, highways, and other public places in, over, under or along which they are installed and shall restore the areas to their original condition. If such removal is not completed within six months of such termination, the issuing authority may deem any property not removed as having been abandoned. (g) Whenever it takes up or disturbs any pavement, sidewalk or other improvement of any public way or public place, the same shall be replaced and the surface restored in as good condition as before entry as soon as practicable. If the licensee fails to make such restoration within a reasonable time, the issuing authority may fix a reasonable time for such restoration and repairs and shall notify the licensee in writing of the restoration and repairs required and the time fixed for performance thereof. Upon failure of the licensee to comply within the time specified, the issuing authority may cause proper restoration and repairs to be made and the expense of such work shall be paid by the licensee upon demand by the issuing authority. (h) It shall not remove any television antenna of any subscriber but shall, at cost, offer to him and maintain an adequate switching device to allow the subscriber to choose between cable and noncable reception. (i) Whenever it transposes any television signal from the channel on which it was originally broadcast so that it is received on a different channel on the receiving sets of subscribers, it shall at least one month prior to such transposition notify its subscribers in writing of such transposition and provide them with a marker suitable for mounting on television receivers indicating the fact of such transposition. (j) If it permits any person who is a legally qualified candidate for any public office to employ the facilities of its system or originate and disseminate political campaign material, it shall afford equal opportunities to all other such candidates for the same office to use such facilities to originate and disseminate any views concerning a controversial issue of public importance, and shall afford reasonable opportunity for the presentation over its facilities of contrary points of view. The division shall be guided by and its decisions shall be consistent with those of the Federal Communications Commission under similar provisions of the Communications Act of 1934, as amended, and of policies established by the Federal Communications Commission. (k) Before commencing construction it shall submit to the issuing authority a bond, with corporate surety satisfactory to such authority. The conditions and terms of said bond shall be: (1) the satisfactory completion of installation and operation of the system in accordance with the provisions of subsections (a), (m) and (n); (2) the indemnity of the city or town in accordance with the provisions of subsection (b); (3) the satisfactory removal of its system in accordance with the provisions of subsection (f); (4) the satisfactory restoration of pavements, sidewalks, and other improvements in accordance with the provisions of subsection (g). (l) In the event its service to any subscriber is interrupted for twenty-four or more consecutive hours, it will grant such subscriber a pro rata credit or rebate. (m) The area or areas to be served as set out in the license according to subsection (a) of section three shall annually be wired and provided service in not less than ten per cent of the area or areas specified until said service is complete and available in said area or areas in compliance with the provisions of subsection (n). (n) The completion of construction within six years after the license is granted under the provisions of this chapter. (o) The maintenance of local offices or local telephone connections in the communities served.

Section 5. In the event a license is issued, each licensee shall agree to the following:

(a) In installing, operating, and maintaining equipment, cable and wires, it shall avoid all unnecessary damage and injury to trees, structures, and improvements in and along the routes authorized by the issuing authority.

(b) It shall indemnify and hold the city or town harmless at all times during the term of the license from any and all claims for injury and damage to persons or property, both real and personal, caused by the installation, operation, or maintenance of any structure, equipment, wire or cable authorized to be installed pursuant to the license. Upon receipt of notice in writing from the issuing authority it shall at its own expense defend any action or proceeding against the city or town in which it is claimed that personal injury or property damage was caused by activities of the licensee in the installation, operation, or maintenance of its system.

(c) It shall carry insurance in companies satisfactory to the issuing authority indemnifying the city or town and itself from and against any and all claims for injury or damage to persons or property, both real and personal, caused by the construction, installation, operation, or maintenance of any structure, equipment, wires or cables authorized or used pursuant to the license. The amount of such insurance against liability for damage to property shall not be less than two hundred thousand dollars as to any one accident. The amount of such insurance for liability for injury or death to persons shall not be less than one hundred thousand dollars on account of injury to or death of any one person and three hundred thousand dollars on account of injury to or death of any number of persons in any one accident.

(d) It shall not engage directly or indirectly in the business of selling or repairing television or radio sets.

(e) It shall provide a cable drop and an outlet along its cable routes at no cost to public schools, police and fire stations, public libraries, and other public buildings designated in writing by the issuing authority.

(f) Upon termination of the period of the license or of any renewal thereof by passage of time or otherwise, it shall remove its supporting structures, poles, transmission and distribution systems and other appurtenances from the streets, ways, lanes, alleys, parkways, bridges, highways, and other public places in, over, under or along which they are installed and shall restore the areas to their original condition. If such removal is not completed within six months of such termination, the issuing authority may deem any property not removed as having been abandoned.

(g) Whenever it takes up or disturbs any pavement, sidewalk or other improvement of any public way or public place, the same shall be replaced and the surface restored in as good condition as before entry as soon as practicable. If the licensee fails to make such restoration within a reasonable time, the issuing authority may fix a reasonable time for such restoration and repairs and shall notify the licensee in writing of the restoration and repairs required and the time fixed for performance thereof. Upon failure of the licensee to comply within the time specified, the issuing authority may cause proper restoration and repairs to be made and the expense of such work shall be paid by the licensee upon demand by the issuing authority.

(h) It shall not remove any television antenna of any subscriber but shall, at cost, offer to him and maintain an adequate switching device to allow the subscriber to choose between cable and noncable reception.

(i) Whenever it transposes any television signal from the channel on which it was originally broadcast so that it is received on a different channel on the receiving sets of subscribers, it shall at least one month prior to such transposition notify its subscribers in writing of such transposition and provide them with a marker suitable for mounting on television receivers indicating the fact of such transposition.

(j) If it permits any person who is a legally qualified candidate for any public office to employ the facilities of its system or originate and disseminate political campaign material, it shall afford equal opportunities to all other such candidates for the same office to use such facilities to originate and disseminate any views concerning a controversial issue of public importance, and shall afford reasonable opportunity for the presentation over its facilities of contrary points of view. The division shall be guided by and its decisions shall be consistent with those of the Federal Communications Commission under similar provisions of the Communications Act of 1934, as amended, and of policies established by the Federal Communications Commission.

(k) Before commencing construction it shall submit to the issuing authority a bond, with corporate surety satisfactory to such authority. The conditions and terms of said bond shall be:

(1) the satisfactory completion of installation and operation of the system in accordance with the provisions of subsections (a), (m) and (n);

(2) the indemnity of the city or town in accordance with the provisions of subsection (b);

(3) the satisfactory removal of its system in accordance with the provisions of subsection (f);

(4) the satisfactory restoration of pavements, sidewalks, and other improvements in accordance with the provisions of subsection (g).

(l) In the event its service to any subscriber is interrupted for twenty-four or more consecutive hours, it will grant such subscriber a pro rata credit or rebate.

(m) The area or areas to be served as set out in the license according to subsection (a) of section three shall annually be wired and provided service in not less than ten per cent of the area or areas specified until said service is complete and available in said area or areas in compliance with the provisions of subsection (n).

(n) The completion of construction within six years after the license is granted under the provisions of this chapter.

(o) The maintenance of local offices or local telephone connections in the communities served.