(A) Franchise territory. The franchise is for all of the county outside of the corporate limits of the towns.
(B) Service.
(1) Within the second year after the effective date of the franchise the franchisee agrees to make available basic CATV service to all residents of the county within the basic service area as set forth in franchisee’s application. Thereafter, the franchisee shall provide service in all areas of the county contiguous to the franchisee’s then existing cables where the average density of residential units is equal to or greater than 30 residential units per cable mile, provided that the percentage of the franchise area to be served where there are 30 residential units per cable mile shall not be less than:
(a) Fifty percent at the end of two years;
(b) Seventy percent at the end of three years;
(c) Eighty percent at the end of four years; and
(d) One-hundred percent at the end of five years.
(2) The franchisee shall extend cable television service to those areas with an average density of at least 30 occupied residential units per mile of cable. In addition, the franchisee shall extend cable television service to areas of lesser density, upon written request of any five or more customers living within one-half mile from each other as follows: the franchisee shall determine the gross revenue that it would receive should franchisee aerially construct its cable system and extend cable television service to such customers assuming the requesting individual subscribed to the service. The franchisee shall also determine the costs of the requested construction. The franchisee shall also determine what would be its gross revenue were there 30 occupied dwellings per mile of cable and assuming that potential subscribers became franchisee’s customers at a rate equal to its system wide penetration rate within the county. The franchisee shall determine its gross annual yield on investment under both the former and the latter situations. The franchisee shall pay as its portion of the costs of extension an amount which would give it the same gross annual yield on investment in the former situation as it would have had in the latter situation. The balance the costs of construction shall be advanced, pro rata, prior to construction commencing, by the requesting customers. In addition, the requesting parties shall agree to pay for the service for a period of two years. For two years subsequent to completion of extension (or until there are 30 occupied dwellings per mile of cable along such extension), said pro rata shares shall be recalculated as additional customers along said extension subscribe to the franchisee’s system. Said additional customers shall pay their pro rata share of the subscriber service extension costs, and customers originally having made such payments shall receive a refund equal to the excess of their original pro rata subscriber extension costs payment over and recalculated pro rata share together with any prior refund. At the end of said two-year period, payments for the subscriber’s service extension costs remaining in the franchisee’s possession should be credited to its capital plant account.
(Ord. passed 10-18-1982) Penalty, see § 114.999