(A) The specifics for a timetable for system construction, extensions or improvements (“construction”) shall be agreed to by the Town and a company in the franchise agreement between such company and the Town. When determining the specifics of a timetable, the following shall be considered:
(1) What areas of the Town are currently being served with cable service;
(2) The need to provide cable service to residents in new developments in the Town in a timely and feasible manner;
(3) The equitable treatment of all of the Town’s residents;
(4) The need to foster competition between all companies providing cable service to the Town to ensure the highest quality cable service to the Town; and
(5) Such other matters presented due to the then existing circumstances.
(B) In addition to the specifics of any construction timetable agreed to by the Town and a company, the following requirements shall apply:
(1) No subscriber shall be refused cable service arbitrarily;
(2) Any construction delay beyond any terms of an agreed construction timetable, unless specifically approved by the Town, will be considered a violation of this chapter and the applicable franchise;
(3) In isolated areas of the Town not being provided cable service pursuant to the terms of an agreement for a franchise, a company shall provide, upon the request of a resident desiring cable service, an estimate of the costs required to extend cable service to the potential subscriber. A company shall then extend cable service upon request of the resident and such resident’s agreement to pay such costs. A company may require advance payment or assurance of payment satisfactory to such company. Notwithstanding the foregoing, a resident will not be required to contribute toward the costs required to extend cable service to such resident if the connection to the isolated resident would require no more than a standard 150 foot aerial drop line;
(4) In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give a company reasonable notice of such construction or development and of the particular date on which open trenching will be available for a company’s installation of conduit, pedestals and/or vaults and laterals to be provided at the company’s expense. A company shall also provide specifications as needed for trenching. Costs of trenching and easements required to bring cable service to the development shall be borne by the developer or property owner; except that if the company fails to install its conduit, pedestals and/or vaults and laterals within five working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the five day period, the cost of new trenching is to be borne by the company. Except for the notice of the particular date on which trenching will be available to a company, any notice provided to a company by the Town of a preliminary plat request shall satisfy the requirement of reasonable notice if sent to the local general manager or system engineer of a company prior to approval of the preliminary plat request.
(`83 Code, § 13-520)