No subscriber shall be refused service arbitrarily. However, for unusual circumstances, such as a subscriber’s request to locate his or her cable drop underground, existence of more than 150 feet of distance from distribution cable to connection of service to subscribers, or a density of less than ten residences per 1,320 cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. For the purpose of determining the amount of capital contribution in aid of construction to be borne by the franchisee and subscribers in the area in which service may be expanded, the franchisee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of residences per 1,320 cable-bearing strand feet of its trunks or distribution cable, and whose denominator equals ten residences. Subscribers who request service hereunder will bear the remainder of the construction and other costs on a pro rata basis. The franchisee may require that the payment of the capital contribution in aid of construction borne by potential subscribers be paid in advance.
(Prior Code, § 36-2-2-23) (Ord. 04-61, passed 2-2-2004, 2004 COM REC 61–71)