Southtowns Record

7/14/26 Board Packet

Government
Village of Gowanda
Board
Village Board
Meeting
Jul 14, 2026
Kind
Agenda packet
Topics
Water, sewer and drainage, Public safety, Roads and traffic, Zoning and land use, Budget and taxes, Parks and recreation, Audits and oversight

Original document

Same meeting

Text · page 5 of 123

This document was a scan. Its text was produced by character recognition and may contain errors; check the original for exact wording.

SECTION 6
  Service Availability

6.1  Service Area.  Subject to applicable law, the Grantee shall continue to provide Cable
Service to all residences within the Franchise Area where Grantee currently provides Cable Service
(the “Service Area”) in accordance with the provisions of Section 895.5 of the regulations of the
NYPSC. Grantee shall have the right, but not the obligation, toextend the Cable System into any
other portion of the Franchise Area, including annexed areas.  Cable Service offered to Subscribers
pursuant to this Franchise shall be conditioned upon Grantee living legal access on reasonable
terms and conditions to any such Subscribet’s dwelling unit ot other units wherein such Cable
Service is provided.

6.2  Abandonment of Service. Grantee shall not abandon any Cable Service or portion thereof
without the Grantor’s written consent.

6.3  New Development Underground.  In cases of new construction or property development
where utilities are to be placed underground, the Grantor agrees tp require as a condition of issuing
a permit for open trenching to any developer or property owner that such developer or property
owner give Grantee at least thirty (30) days prior written notice of such construction or
development, and of the particular dates on which open trenching will be available for Grantee’s
installation of conduit, pedestals and/or vaults, and laterals to be provided at Grantee’s expense.
Grantee shall also provide specifications as needed for trenhing. Costs of trenching and
easements required to bring service to the development shall be borne by the developer or property
owner; except that if Grantee fails to install its conduit, pedestalsand/or vaults, and laterals within
fifteen (15) working days of the date the trenches are available, 2s designated in the written notice
given by the developer or property owner, then should the trenches be closed after the fifteen day
period, the cost of new trenching is to be borne by Grantee.

6.4  Annexation. The Grantor shall promptly provide written notice to the Grantee of its
annexation of any territory which is being provided Cable Service by the Grantee or its affiliates.
Such annexed area will be subject to the provisions of this Franchise upon sixty (60) days ‘written
notice from the Grantor, subject to the conditions set forth below and Section 6.1. above. The
Grantor shall also notify Grantee in writing of all new street address assignments or changes within
the Franchise Area.  Grantee shall within ninety (90) days afterreceipt of the annexation notice,
pay the Grantor franchise fees on revenue received from the operation of the Cable System to
provide Cable Services in any area annexed by the Grantor if the Grantor has provided a written
annexation notice that includes the addresses that will be moved into the Franchise Area in an
Excel format or in a format that will allow Grantee to change itsbilling system. Ifthe annexation
notice does not include the addresses that will be moved into the Franchise Area, Grantee shall
pay franchise fees within ninety (90) days after it receives the annexed addresses as set forth above.
All notices due under this section shall be sent by certified mail, retum receipt requested to the
addresses set forth in Section 15.7 with a copy to the Director of Government Affairs. In any audit
of franchise fees due under this Franchise, Grantee shall not be lidble for franchise fees on annexed
areas unless and until Grantee has received notification and information that meets the standards
set forth in this section.