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(A) New construction timetable. The requirements of this subsection (A) do not apply to any grantee who already holds a franchise with the city and has completed construction of its cable system.
(1) Within two years from the date of the award of the initial franchise, the grantee must make cable service available to every dwelling unit within the franchise area, subject to the density requirements of § 114.19(B)(1)(b).
(a) The grantee must make cable service available to at least 20% of the dwelling units within the franchise area within six months from the date of the award of the franchise.
(b) The grantee must make cable service available to at least 50% of the dwelling units within the franchise area within one year from the date of the award of the franchise.
(2) The grantee, in its application if any, may propose a timetable of construction which will make cable service available in the franchise area sooner than the above minimum requirements, in which case the said schedule will be made part of the franchise, and will be binding upon the grantee.
(3) Any delay beyond the terms of this timetable, unless specifically approved by the city, will be considered a violation of the franchise for which the provisions of § 114.35 shall apply, as determined by the city.
(4) In special circumstances the city can waive 100% completion within the two year time frame provided substantial completion is accomplished within allotted time frame, substantial completion construed to be not less than 95% and justification for less than 100% must be submitted subject to the satisfaction of the city.
(B) Line extensions.
(1) A grantee shall only be required to construct and extend its cable system pursuant to the following requirements:
(a) No subscriber shall be refused service arbitrarily. To expedite the process of extending the cable system into a new subdivision, the city will forward to the grantee an approved engineering plan of each project. Subject to the density requirements set forth below, the grantee shall commence the design and construction process upon receipt of the final engineering plan. Upon notification from the city that the first home in the project has been approved for building permit, the grantee shall have a maximum of three months to complete the construction/activation process within the project phase.
(b) The grantee must extend and make Cable Service available to all areas having at least 30 dwelling units per street mile, as measured from the existing cable system.
(c) The grantee must extend and make cable television service available to any residence in the franchise area requesting connection at the standard connection charge, if the connection to the isolated resident would require no more than a standard 125 foot drop line. For connections greater than 125 feet, grantee may charge the potential subscriber the appropriate published non-standard installation fee.
(2) Early extension. In areas not meeting the requirements for mandatory extension of service, the grantee shall provide, upon the request of a potential subscriber desiring cable service, an estimate of the costs required to extend cable service to the subscriber. The grantee shall then extend cable service upon request of the potential subscriber. The grantee may require advance payment or assurance of payment satisfactory to the grantee. The amount paid by subscribers for early extensions shall be nonrefundable, and in the event the area subsequently reaches the density required for mandatory extension, such payments shall be treated as consideration for early extension.
(C) Nothing herein shall be construed to require a grantee to extend its cable system into an area annexed into the franchise area which is currently served by another grantee.
(1) The grantee, in its application, may propose a line extension policy which will result in serving more residents of the city than as required above, in which case the grantee’s policy will be incorporated into the franchise, and will be binding on the grantee.
(2) The violation of this section shall be considered a breach of the terms of this chapter for which the provisions of § 114.35 shall apply.
(Ord. 1846, passed 12-7-98)