(A) The Council/franchising authority recognizes that one of its primary purposes in the franchising process is to ensure that the widest diversity of programming source be available to the greatest number of city residents. The Council/franchising authority is also cognizant that an MCS provider may have some constitutionality protected rights with respect to when and what areas of the city are provided service.
(B) In order to balance those interests, the Council/franchising authority sets the minimum guidelines for any system expansion on the part of a franchised MCS provider.
(C) A franchised MCS provider shall submit, within four months of the effective date of this chapter, a detailed plan for multi-channel system expansion to any area not presently served within the city. Such plan should not be construed as a requirement for universal service, but rather as a means for achieving the Council/franchising authority's goals, mentioned in division (A). However, at a minimum, a franchised MCS provider shall extend multi-channel service to any area within the city that has a density of five home or building passings per mile, or fractional equivalent thereof, as measured from the extremity of the system nearest the unserved area. Also, in such a case, a newly installed subscriber shall not be assessed or apportioned the cost for installation, except for the usual and normal connection fees paid by subscribers.
(D) The detailed plan must include criteria for extending the provision of service to isolated subscribers. For purposes of this section, isolated subscribers means any potential customer of a franchised MCS provider who dwells in a house more than ½ mile from the nearest franchised MCS provider connection.
(Ord. 4-1994-20, passed 4-12-94) Penalty, see § 112.999