(A) The grantee shall continue to provide cable service to all residences within the service area where grantee currently provides cable service. Grantee shall have the right, but not the obligation, to extend the cable system into any other portion of the service area, including annexed areas. Cable service offered to subscribers pursuant to this franchise shall be conditioned upon grantee having legal access to any such subscriber’s dwelling unit or other units wherein such cable service is provided.
(B) The grantor shall promptly provide written notice to the grantee of its annexation of any territory which is being provided cable service by the grantee or its affiliates. Such annexed area will be subject to the provisions of this franchise upon 60 days’ written notice from the grantor, subject to the conditions set forth below and in division (A) above. The grantor shall also notify grantee in writing of all new street address assignments or changes within the service area. Grantee shall within 90 days after receipt of the annexation notice, pay the grantor franchise fees on revenue received from the operation of the cable system to provide cable services in any area annexed by the grantor if the grantor has provided a written annexation notice that includes the addresses that will be moved into the service area in an Excel format or in a format that will allow grantee to change its billing system. If the annexation notice does not include the addresses that will be moved into the service area, grantee shall pay franchise fees within 90 days after it receives the annexed addresses as set forth above. All notices due under this section shall be sent by certified mail, return receipt requested to the addresses set forth in § 13.04.110 with a copy to the Director of Government Relations. In any audit of franchise fees due under this agreement, grantee shall not be liable for franchise fees on annexed areas unless and until grantee has received notification and information that meets the standards set forth in this section.
(Prior Code, § 13.04.060) (Ord. 2019-11, passed 9-16-2019)