§ 113.052 CONDITIONS FOR INITIAL FRANCHISE VALIDATION.
   (A)   Within 30 days after the effective date of the franchise, the franchisee shall apply for all necessary permits and authorizations which are required in the conduct of its business, including but not limited to any utility joint use attachment agreements, microwave carrier licenses and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of cable communications systems or their associated microwave transmission facilities. The franchisee shall apply for all necessary and required permits and file all necessary and required statements with the FCC within 30 days after the effective date of the franchise.
   (B)   The franchisee shall complete strand mapping and shall commence initial ground breaking within 60 days after the effective date of the franchise.
   (C)   The franchisee shall complete pole agreements and shall begin preparing the poles within 90 days after the effective date of the franchise subject to the cooperation of the utility companies involved. All poles shall be ready within 180 days after the effective date of the franchise subject to the cooperation of the utility companies involved. The franchisee shall notify the village of any failure on the part of the utility company to so cooperate under this subsection.
   (D)   Within 120 days after the commencement of construction, activation and installation of the system, the franchisee shall proceed to render cablecast service to subscribers and the completion of the construction, activation and installation shall be pursued with reasonable diligence thereafter. Service shall be provided to not less than one-third of the franchise territory and the subscribers located therein within six months from the effective date of the franchise, and service shall be provided to not less than two-thirds of the franchise territory and the subscribers located therein within 12 months from the effective date of the franchise. Additional time for completing the installation of service may be granted by the Village Council during the 12 months upon a proper showing of need, but in no event shall the elapsed time for completing such installation exceed 15 months.
   (E)   Within 12 months from the effective date of the franchise or within the times otherwise set forth in the franchise agreement, the franchisee shall provide all equipment and all personnel required by this chapter and the franchise agreement.
   (F)   Any required institutional network shall be activated and fully operational in all local government buildings, libraries and community service agencies specified in the franchise agreement within 12 months of the effective date of the franchise. The institutional network shall be activated and fully operational in all public schools in the school district located within the franchise territory within 18 months of the effective date of the franchise unless a shorter time period is specified in the franchise agreement.
   (G)   Failure on the part of the franchisee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth in this chapter shall be grounds for immediate rescission of the authorizing ordinance, revocation of any rights the franchisee may have in the franchise and forfeiture of the franchisee's security fund, performance bonds and/or letter of credit; provided, however, that the Village Council, upon formal application of the franchisee, in its discretion may extend the time for the commencement and completion of construction, activation and installation for additional periods if the franchisee, acting in good faith, experiences delays by reason of circumstances beyond its control.
(Ord. passed - -)