(A) The grantee shall extend the installation of cables, amplifiers, and related equipment throughout the area covered by its franchise as rapidly as practicable, but, in any event, shall do the following.
(1) Begin engineering studies within 60 days after accepting its franchise.
(2) Begin awarding contracts within 90 days after receiving certification from the Federal Communications Commission, hereafter termed F.C.C.
(3) Complete construction of its proposed system within six months after receiving certification from the F.C.C.
(4) Begin rendering service to subscribers within six months after receiving certification from the F.C.C.
(5) Complete construction of its proposed system (measured in terms of total linear strand miles) within six months after receiving certification from the F.C.C., to enable its system to serve 1,181 homes of the existing 1,207 homes currently in the city.
(6) After the construction the grantee shall be capable of providing service no more than 60 days after receiving an application for service to every dwelling unit within the franchise area except to the extent that density of homes, adverse terrain, or other factors render making service available impracticable. For the purposes of determining compliance with the provisions of this division and to provide for a reasonable policy requiring extension of energy-fed trunk lines of the cable system within the franchise area so as to achieve compliance with the obligations imposed by this section, the grantee shall extend lines to all areas of the franchise area having a minimum of 40 homes per street mile. In measuring street miles, the beginning point shall be from the last subscriber unit.
(7) All installation charges will be waived during the first 30 days following activation of the cable system in each neighborhood.
(8) File a map and progress report with the city at the close of each calendar year, showing the exact areas of the city being served by the cable television system and the location and identification of major component parts of the system.
(9) All underground cables shall be placed at a minimum of 24 inches.
(B) Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein, shall be grounds for termination of its franchise pursuant to the terms of § 110.12. The franchise authority may in its discretion extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reasons of circumstances beyond its control.
(C) In the event the operation of any part of a cable television system is discontinued for a continuous period of 12 months, or in the event the system has been installed in any public street without complying with the requirements of the grantee's franchise, the grantee shall promptly, on being given ten days' notice, remove from the streets or public places all such property and poles of the system. Any property which the grantee allows to remain in place 60 days after having been notified by the franchise entity that it must be removed shall be considered permanently abandoned and shall become the property of the franchise entity subject to the provisions of any utility joint use attachment agreement.
(D) On the failure of the grantee to satisfactorily complete any work on the public streets required by law or the terms of its franchise within the time prescribed, the franchise entity, at its option, may cause the work to be done and the grantee shall pay to the franchise entity the cost thereof within 30 days after receipt of an itemized report.
(Ord. 130, passed 3-26-81) Penalty, see § 110.99