711.08  TIME FOR PERFORMANCE.
   (a)   Within sixty days of the effective date of a franchise grant hereunder, the grantee shall file with the FCC and other appropriate authorities and utilities all papers and applications necessary to comply with the terms of this chapter and shall thereafter diligently pursue all such applications.
   (b)   Within ninety days of the effective date of FCC certification and other necessary permits and agreements, the grantee shall initiate construction and installation of the broadband telecommunications network.  Such construction and installation shall be pursued with reasonable diligence.
   (c)   Within six months of the effective date of FCC certification and other necessary permits and agreements the grantee shall commence operation within the meaning set forth in Section 711.02(l).
   (d)   Within twelve months of the effective date of FCC certification and other necessary permits and agreements, the grantee shall have "substantially completed" construction within the meaning set forth in Section 711.02(m) of the initial service area.
   (e)   Failure to do any of the foregoing provisions of this section within the time specified shall be grounds for the termination of the franchise.
   (f)   The City may in its discretion extend the time for the grantee, acting in good faith, to perform any act required hereunder.  The time for performance shall be extended or excused, as the case may be, for any period duing which the grantee demonstrates to the satisfaction of Council that the grantee is being subjected to delay or interruption due to any of the following circumstances if reasonably beyond his control:
      (1)   Necessary utility rearrangements or pole changeouts;
      (2)   Governmental or regulatory restrictions;
      (3)   Labor strikes;
      (4)   Lockouts;
      (5)   War;
      (6)   National emergencies;
      (7)   Fire;
      (8)   Other Acts of God.
   (g)   The City may, at its discretion, revoke a franchise granted in the event a grantee fails to receive the necessary FCC certification for cause, unless such cause is directly attributable to an action or condition imposed by the City.
(Ord. 29-1972.  Passed 3-5-73.)