(A) Service availability.
(1) Except as otherwise provided herein, grantee shall provide cable service within the franchise area within seven days of a request or within FCC time limits established at any time during the term of this franchise if less than seven days from the request. For purposes of this section, a request shall be deemed made on the date of signing a service agreement, receipt of funds by grantee, receipt of a written request by grantee or receipt by grantee of a verified verbal request. Except as otherwise provided herein, grantee shall provide such service:
(a) With no line extension charge except as specifically authorized elsewhere in this franchise agreement;
(b) At a non-discriminatory installation charge for a standard installation, consisting of a 125 foot drop connecting to an inside wall for residential subscribers, with additional charges for non-standard installations computed according to a non- discriminatory methodology for such installations, adopted by grantee and provided in writing to the city; and
(c) At non-discriminatory monthly rates for residential subscribers.
(2) Service to multiple dwelling units. Consistent with this § 13-5-3-12(A), grantee shall offer the individual units of a multiple dwelling unit all cable services offered to other dwelling units in the city and shall individually wire units upon request of the property owner or renter who has been given written authorization by the owner; provided, however, that any such offering is conditioned upon grantee having legal access to said unit. The city acknowledges that grantee cannot control the dissemination of particular cable services beyond the point of demarcation at a multiple dwelling unit.
(3) Customer charges for extensions of service. Grantee agrees to extend its cable system to all persons living in areas with a residential density of 25 residences per mile of cable system plant. If the residential density is less than 25 residences per 5,280 cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. For the purpose of determining the amount of capital contribution in aid of construction to be borne by grantee and customers in the area in which service may be expanded, grantee will contribute an amount equal to the construction and other costs per mile multiplied by a fraction whose numerator equals the actual number of residences per 5,280 cable-bearing strand feet of its trunk or distribution cable and whose denominator equals 25. Customers who request service hereunder will bear the remainder of the construction and other costs on a pro rata basis. Grantee may require that the payment of the capital contribution in aid of construction borne by such potential customers be paid in advance.
(4) Service to annexed areas. Grantee shall have the right but not the obligation to extend the cable system into any annexed area which is not contiguous or is partially contiguous to the present franchise area of the city or to any area that is technically infeasible. Nothing herein shall require grantee to expand its cable system to serve or to offer service to any area annexed by the city if such area is then served by another cable operator.
(B) Connection of public facilities. Grantee shall upon the city's request and at no cost to the city provide one activated subscriber network service drop and outlet and one converter which shall deliver Basic Service and Digital Starter Service to all city-owned and occupied buildings, schools and public libraries located in areas where grantee provides cable service, so long as these facilities are already served or the inter connection point on these facilities is located within 150 feet of the distribution point on the cable system. For purposes of this subsection, "school" means all state-accredited K-12 public and private schools. Such obligation to provide free cable service shall not extend to areas of city buildings where grantee would normally enter into a commercial contract to provide such cable service (e.g., golf courses, airport restaurants and concourses, and recreation center workout facilities), and such cable service shall not be used in a way that might violate copyright laws. The city, public libraries and schools may use an outlet, drop and converter provided in accordance with this subsection to extend cable services throughout the qualifying building in which the outlet is located, provided such distribution can be accomplished without causing cable system disruption and general technical standards are maintained. Such outlets may only be used for lawful purposes. The cable service provided shall not be distributed beyond the originally installed outlets without authorization from grantee, which shall not be unreasonably withheld.
(C) Institutional network. In satisfaction of the city's request for institutional network capacity pursuant to 47 U.S.C §531(b), the city will enter into a Dark Fiber Lease Agreement with Comcast Business of New Mexico, an affiliate of grantee ("Dark Fiber Agreement"), a copy of which is attached to Ord. 2019-009 as Exhibit C. Except as expressly provided herein, the terms and conditions of the Dark Fiber Agreement will govern and supersede any inconsistent terms set forth in this franchise. The term of the Dark Fiber Agreement shall run coterminous with the term of this franchise. As the Dark Fiber Agreement is a commercial arrangement between Comcast Business of New Mexico and the city, the value of the fiber leased pursuant to such agreement shall not be deemed a part of the franchise fee or subject to offset from the franchise fee.