(A) Residential service. After completion of construction in an area pursuant to a construction schedule, a licensee shall make cable services available to dwelling units within the town and shall extend its cable system as follows:
(1) Each unit in a multiple dwelling unit (MDU) shall be counted as a dwelling unit in determining residential density where a mutually acceptable agreement granting licensee reasonable access to the MDU has been executed by the owner of the property and delivered to the licensee. Licensee shall not be required to make service available to residents of a MDU where the owner of the property has not granted licensee such reasonable access to the property.
(2) When requested by a resident in the town, licensee shall, at licensee's sole expense, extend the cable system to any single-family residence or dwelling within the town; provided, that the residence or dwelling is located within 225 feet of the nearest technically feasible point of connection on the cable system. Such extension(s) shall include cutting in 1 or more taps and extending cable as necessary.
(3) A license may provide for different line extension requirements from that required in division (A)(2) of this section so long as such requirements are not less restrictive and provide similar benefits.
(4) To prevent unnecessary disruption and damage to streets, rights-of-way, and other property, the installation of underground cable shall be accomplished in new subdivisions that meet the requirements of division (A)(2) of this section at the same time, and in the same trench, as other communications, electric and other permanent services to structures, unless to do so would be economically infeasible. Except as federal law may grant them other rights, developers of new residential buildings or mobile homes within a new or undeveloped subdivision, new residential units within new multiple-occupancy residential developments, and new commercial and industrial buildings and structures shall treat cable television facilities as they treat other communication facilities, utilities and other underground facilities, in regards to availability and cost of trenching for undergroundings.
(5) A license may provide for different line extension requirements from that required in division (A)(4).
(6) Absent a showing by licensee to the manager of circumstances beyond licensee's reasonable control, an extension of service pursuant to division (A)(2) of this section or this division shall be accomplished within 120 of the developer's or resident's request.
(7) Licensee shall not be required to install the cable system or conduit in the joint trench of a new subdivision or to provide cable service to residents of the subdivision when the developer or homeowner's association of the subdivision has entered into an agreement in which another party has agreed to provide cable television or other comparable video services to all residents of the subdivision and in which the subscribers' fees for such services are paid to the provider from collection of homeowner's association fees. However, upon termination of such agreement, the line extension required by this section shall apply.
(B) Commercial service. After completion of construction in an area pursuant to a construction schedule, a licensee shall make cable services available to commercial establishments as follows, except licensee shall not be required to make service available to commercial establishments where the owner of the property has not granted licensee reasonable access to the property:
(1) When requested by the owner of a commercial establishment; provided, that no plant extension and nothing more than a standard drop is required to make cable services available; or provided, that the building is located within 225 feet of the nearest technically feasible point of connection on the cable system.
(2) Absent a showing by licensee to the manager of unusual circumstances, including without limitation street crossings, an extension of service shall be accomplished within 120 days of owner's execution of any necessary easement documents and capital contribution agreements.
(3) A license may provide for different line extension requirements from that required in divisions (B)(1) and (2).
(C) Service drops.
(1) Licensee shall make service available to any single-family residence or any commercial establishment within the town at applicable standard connection charge if the connection requires a standard drop.
(2) If making service available requires more than a standard drop, licensee shall not be required to make such service available unless the person requesting service pays to licensee (a) the standard connection charge and (b) an amount equal to the reasonable actual labor and material costs incurred by licensee for the additional facilities and work.
(3) Licensee may offer bulk billing service, but shall not require a bulk billing agreement as a condition of providing service.
(4) Absent a showing by licensee to the manager of unusual circumstances, including without limitation street crossings, (a) any standard drop to a single-family residence or dwelling shall be accomplished within 7 business days after an order has been placed, and (b) any drop that is not a standard drop shall be accomplished within a reasonable time under the circumstances. Line extensions shall be done as provided in division (A) of this section.
(5) Absent a showing by licensee to the manager of unusual circumstances, including without limitation street crossings, (a) any standard drop to a commercial establishment shall be accomplished within 10 days after the owner of such commercial establishment executes any necessary easement documents and capital contribution agreements, and (b) any commercial drop that is not a standard drop shall be accomplished within a reasonable time under the circumstances.
(D) If a licensee elects to extend cable service to a customer in a licensed area which does not meet the standard drop requirements of this section, the licensee shall not refuse to extend service to any other customer in the same area solely on the grounds that service to the first customer did not meet the standard drop requirements.
(E) The line extension requirements set forth in this section shall not apply to any area covered by a construction phase described in the construction schedule until the construction phase for that area has been completed.
(F) Discrimination prohibited. No person, firm or corporation in the existing cable service area of the licensee shall be arbitrarily refused cable services; provided, however, that the licensee shall not be required to provide cable services to any subscriber who does not pay the applicable line extension connection fee and/or cable service charge(s).
(G) Annexed territory. Newly annexed territory shall be subject to the terms of this chapter and this section.
(Ord. 16-825, passed 9-13-2016)