(A) Permits, licenses and certificates. Within 30 days after the acceptance of this franchise, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, utility, joint-use attachment agreements and permits, licenses, authorizations, and certifications to be granted by duly constituted local, state, and federal governmental entities and regulatory agencies having jurisdiction over the installation and operation of CATV systems. The grantee agrees to notify the franchise area in writing within 15 days of receipt of all the permits and authorizations.
(B) Start of construction. Within six months after obtaining all necessary permits, licenses, authorizations, and certifications, and after completion of sufficient make-ready work by utility companies in connection with the use of utility poles and facilities, the grantee shall commence with construction and installation of its CATV system, subject to the conditions of this franchise.
(C) Initial rendering of services. Within 12 months after commencement of construction of its CATV system, the grantee shall extend CATV service to any dwelling unit at the standard rate if requested by the owner. However, the grantee is not required to provide service in the franchise area except where there is a density of at least 40 homes per contiguous mile of the system of 25 customers within the particular contiguous mile of the system, provided that the extensions are technically and economically feasible to the grantee. In the event that a potential subscriber's premises are located at a distance from a distribution cable that the grantee deems it neither technically or economically feasible to provide service, then, in that event, the grantee shall provide service to the potential subscriber upon payment by the subscriber of the costs of materials and labor for extending the service beyond a distance of 200 feet from the distribution cable.
(D) Compliance. Failure of the grantee to commence and diligently pursue each of the foregoing requirements and to abide by and to complete each of the matters set forth herein shall be grounds for termination of the franchise; provided, however, the grantee shall notify the County Council as soon as reasonably possible of any major delay in meeting the construction schedule despite the grantee's good faith efforts and because of circumstances beyond the grantee's control. The grantee shall be relieved from any of the foregoing time requirements without forfeiture of this franchise, where the delay is attributable to strikes, labor disputes, riots, weather conditions, wars, or national emergency. Additionally, the County Council may extend the time for commencement and completion of construction and installation for additional periods for any other reason in the event the grantee, acting in good faith, experiences delays; the extension shall not be unreasonably withheld. The grantee shall provide the franchise area with a report at least once each month setting forth the progress made as of the date of each report. The franchise area may request any additional information not included in the report which shall be provided by the grantee to the franchise area.
(E) Delays in construction. The grantee shall advise the franchise area of any delays in construction, the reason for the delay and the probable length of same.
(Prior Code, § 92.12) (Ord. 966E, passed 2-22-1982; Ord. 1061A, passed 5-9-1989)