(a) Within 90 days after acceptance of any franchise, the grantee shall commence proceedings and negotiations for obtaining 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, licenses, and authorizations required by duly-constituted regulatory agencies having jurisdiction over the operations of CATV systems and service.
(b) The grantee shall commence construction in the franchise area where it is determined by the grantee to be most economically feasible within a period of one year after receiving FCC certification and all other necessary permits, authorizations, and agreements required for the conduct of the grantee's business. Thereafter grantee shall extend its construction into such other portions of the franchise area as it determines to be economically feasible within a period of four years. It is the intention of the city to encourage the extension of CATV service to as much of the city as is practicable without the impairment of the economic feasibility of a grantee's system.
(1) In the event that potential subscribers in a sparsely settled section of the franchise area shall request service and the grantee shall be of the opinion that the small number of potential subscribers makes such service economically unfeasible, the grantee may make such service available by requiring a reasonable contribution from the potential subscribers to the cost of the extension of service. However, grantee shall not be required to make such service available.
(2) Similarly, in the event potential subscribers in a non-sparsely settled portion of the franchise area request service and grantee must run its cables through a sparsely settled section in order to reach those potential subscribers, the grantee may make service available by requiring a reasonable contribution from the potential subscribers to the cost of the extension through the sparsely settled section. However, grantee shall not be required to make the service available.
(3) The areas of the city having less than 60 or more homes per street mile shall be deemed "sparsely settled" as that term is used herein. The areas of the city having 60 or more homes per mile shall be deemed "non-sparsely settled" as that term is used herein.
(4) In determining the reasonable contribution from the subscribers as herein provided, grantee shall take into account the size of the sparsely settled areas through which it must run its cables from areas already served by the grantee to new areas, and the cost of running its cables in a sparsely settled area seeking service; and the economic effect of the proposed extension and service upon the total operation of grantee's system.
(c) Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements to complete each of the matters set forth herein, or failure to commence rendering service to subscribers within 18 months after acceptance of the franchise, shall be grounds for termination of the franchise. However, the city may extend time for the commencement and completion of construction and the installation of service for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.
(d) The grantee shall file a map with the city on or before January 31 of each year, showing the areas and locations of the city being served by the system, and the location and identification of component parts of the system, this map being accurate as of the end of the calendar year immediately preceding the date of filing.
(Ord. of 5/3/82, No. 48-82)