§ 115.080 NEW CONSTRUCTION TIMETABLE.
   (A)   Within two years from the date of the award of an initial franchise, the grantee must make cable television service available to every dwelling unit within the service area.
      (1)   The grantee must make cable service available to at least 20% of the dwelling units within the service area within six months from the date of the award of the franchise.
      (2)   The grantee must make cable service available to at least 50% of the dwelling units within the service area within one year from the date of the award of the franchise.
   (B)   The grantee, in its application, may propose a timetable of construction which will make cable service available in the service area sooner than the above minimum requirements, in which case the schedule will be made part of the franchise agreement, and will be binding upon the grantee.
   (C)   Any delay beyond the terms of this timetable, unless specifically approved by the Municipality, will be considered a violation of this chapter for which the provisions of either §§ 115.101 or 115.999 shall apply, as determined by the Municipality.
   (D)   In special circumstances and for good cause shown by the grantee, the Municipality, in the exercise of its sole discretion, may waive 100% completion within the two year time frame, provided that substantial completion is accomplished within the allotted time frame, substantial completion to be not less than 95%. Justification for less than 100% must be submitted subject to the approval of the Municipality.
   (E)   Where the grantee is rebuilding, reconstructing, or upgrading its cable system, such rebuilding, reconstruction, or upgrade of the cable system must be completed within 18 months from the issuance of the initial permit for construction. The grantee and the Municipality may agree to a lesser or greater period of time for reconstruction, rebuilding, or upgrading in a franchise agreement.
(Ord. 767, passed 4-25-00)