(A) The grantee is hereby authorized to extend the system within the franchise area to the extent that the extension is or may become technically and economically feasible.
(B) Whenever the grantee shall have received written requests for service from at least 25 subscribers within 400 cable meters (1,300 cable feet) of his or her aerial truck cable, or from at least 50 subscribers within 400 cable meters (1,300 cable feet) of his or her underground truck, he or she shall extend its system to the subscribers solely for the usual connection and service fees for all subscribers, provided that the extension is technically and economically feasible. The 400 cable meters shall be measured in extension length of grantee's cable required for service located within the public way or easement and shall not include length of necessary drop to the subscriber's home or premises.
(C) No person in the grantee's service area shall be arbitrarily refused service; but in recognition of the capital costs involved in unusual circumstances, including, without limitation, instance when the distance from distribution cable to connection of service to subscribers is more than 45 meters (150 cable feet) or when a subscriber density exists less than the density specified herein above, service may be made available on the basis of costs of materials, labor and easements, in order to prevent inequitable burdens on the cable subscribers in more densely populated areas.
(D) For all residential structures hereinafter erected which are to be served by underground utilities, the developer of the subdivision or development may acquire CATV service for this development under the following conditions; but otherwise the grantee shall not be obligated to construct CATV system in the new development; the developer shall perform all trenching and backfilling necessary for the provision of cable television service, including furnishing of any imported backfill materials required, and will furnish and install for the grantee any necessary distribution conduit and substructures, including pedestals, required in accordance with the grantee's plans and specifications.
(E) In addition to providing plans and specifications to the developer, the grantee shall inspect the facilities required hereunder. The cost of that portion of an extension to a subdivision or development shall be borne by the developer. Facilities installed hereunder shall be owned, operated and maintained by the grantee.
(F) The grantee shall have no obligation to construct or extend the system, nor to provide, repair, replace, maintain or operate CATV service, for any cause beyond the grantee's control, including, without limitation, acts of God, fire, flood, earthquakes, hurricanes, unavailable casualty, extraordinary delays in transportation, strikes, lockouts, picketing, boycotts, embargoes, government orders or other requirements, acts of civil or military authorities, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, energy shortages, acts or omissions of carriers or activities or other emergency conditions including weather conditions incompatible with good quality workmanship.
(1992 Code, § 13-3-12) (Ord. 79, § 7, passed 6-21-1989)