§440G-8.2  Cable system installation,
construction, operation, removal; general provisions.  (a)  A cable
franchise shall be construed to authorize the construction or operation of a
cable system within the service area above, below, on, in, or along any highway
or other public place and through easements which have been dedicated for
compatible purposes.



(b)  The technical specifications, general
routes of the distribution system, and the schedule for construction of the
cable system shall be subject to the director's approval.



(c)  In installing, operating, and maintaining
facilities, the cable operator shall avoid all unnecessary damage and injury to
any trees, structures, and improvements in and along the routes authorized by
the director.



(d)  The cable operator shall indemnify and
hold the State and the county harmless at all times 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 its cable system, notwithstanding
any negligence on the part of the State or county, their employees or agents. 
Upon receipt of notice in writing from the State or county, the cable operator
shall, at its own expense, defend any action or proceeding against the State or
county in which it is claimed that personal injury or property damage was
caused by activities of the cable operator in the installation, operation, or
maintenance of its cable system.



(e)  The cable operator shall provide a cable
drop and basic cable service at no cost to any school or institution of higher
education within its service area; provided that service is actually being
delivered within a reasonable distance from the school or institution of higher
education which may request service.



(f)  The cable operator shall designate three
or more channels for public, educational, or governmental use.



(g)  Upon termination of the period of the
cable permit or of any renewal thereof, by passage of time or otherwise, the
cable operator shall remove its facilities from the highways and other public
places in, on, over, under, or along which they are installed if so ordered by
the director and shall restore the areas to their original or other acceptable
condition, or otherwise dispose of same.  If removal is not completed within
six months of the termination, any property not removed shall be deemed to have
been abandoned and the cable operator shall be liable for the cost of its
removal.



(h)  The use of public highways within the
meaning of section 264-1 and other public places shall be subject to:



(1)  All applicable state statutes and all applicable
rules and orders of the public utilities commission governing the construction,
maintenance, and removal of overhead and underground facilities of public
utilities;



(2)  For county highways, all applicable public
welfare rules adopted by the governing body of the county in which the county
highways are situated;



(3)  For state or federal-aid highways, all public
welfare rules adopted by the director of transportation; and



(4)  For the relocation of cable facilities, the
provisions of section 264-33 concerning the allocation of expenses for the
relocation of utility facilities.



(i)  In the use of easements dedicated to
compatible purposes, the cable operator shall ensure:



(1)  That the safety, functioning, and appearance of
the property and the convenience and safety of other persons is not adversely
affected by the installation or construction of facilities necessary for a
cable system;



(2)  That the cost of the installation, construction,
operation, or removal of facilities is borne by the cable operator or
subscribers, or a combination of both; and



(3)  That the owner of the property is justly
compensated by the cable operator for any damages caused by the installation,
construction, operation, or removal of facilities by the cable operator. [L
1987, c 301, pt of §9]