923.10 GEOGRAPHICAL COVERAGE; MULTIPLE DWELLING UNITS (MDUs).

   (a)   Grantee shall design, construct and maintain the Cable Television System to have the capability to pass every dwelling unit, school, library, and municipal building in the Service Area, subject to any line extension requirements of the Franchise Agreement.

   (b)   After service has been established by activating trunk and/or distribution cables for any part of the Service Area, Grantee shall provide Cable Service to any non-commercial Subscriber requesting a standard installation within that part of the Service Area within seven (7) days from the date of request if no further construction is required or within thirty (30) days if construction is required, provided that the Grantee is able to secure all rights-of-way necessary to extend service to such Subscriber on reasonable terms and conditions within such thirty (30) day period. For purposes of this Section, a request shall be deemed made on the date of signing a service agreement, receipt of funds by the Grantee, receipt of a written request by the Grantee or receipt by the Grantee of a verified verbal request.

   (c)   Except as otherwise provided in the Franchise Agreement, Grantee shall provide such service:

      (1)    With no line extension charge except as specifically authorized in the Franchise Agreement.

      (2)    At a non-discriminatory installation charge for a Standard Installation, with additional charges for non-standard installations computed according to a non-discriminatory methodology for such installations, adopted by the Grantee.

      (3)    At non-discriminatory monthly rates for residential subscribers;

      (4)    Grantee may establish different and nondiscriminatory rates and charges of services for commercial subscribers, as well as different, nondiscriminatory monthly rates for classes of commercial subscribers upon written notice to Grantor.

   (d)   Grantee shall be required, in accordance with this chapter and applicable law, to provide service to individual units of a multiple dwelling unit or "MDU" with all services offered to other dwelling units within the Franchise area, so long as the owner of the MDU consents in writing, if requested by Grantee, to the following:

      (1)   To Grantee's providing of service to individual units of the MDU;

      (2)   To reasonable conditions and times of installation, maintenance and inspection of the Cable System on the MDU premises;

      (3)   To reasonable conditions promulgated by Grantee to protect Grantee's equipment and to encourage widespread use of the Cable System; and

      (4)   To not demand payment from Grantee for permitting Grantee to provide service to the MDU and to not discriminate in rental charges, or otherwise, between tenants who receive Cable Service and those who do not.
(Ord. 2000-073. Passed 5-16-00.)