(A) Extensions generally.
(1) For areas within the county and outside of a municipality but outside the franchise area, a franchisee shall upon request of the County Board extend its trunk and distribution system to serve households desiring service without any construction charge (other than standard connection charges and drop charges as indicated in division (B)) below unless the franchisee demonstrates to the County Board’s satisfaction evidenced by written decision that circumstances justify a specific charge, where: the new subscriber requesting service is located within 500 feet from the termination of the cable system, or the number of potential subscribers to be passed by such extension is equal to or greater than six potential households per quarter mile measured from any point on the system.
(2) (a) In the event that the requirements set forth in division (A)(1) of this section are not met, the franchisee shall on request of the County Board extend its cable system based upon the following cost-sharing formula. The franchisee shall contribute an amount equal to the construction costs per mile multiplied by the length of the extension in miles, multiplied by a fraction where the numerator equals the number of potential households per quarter mile at the time of the request and the denominator equals six. Households requesting service as of the completion of construction can be required to bear the remainder of the total construction costs on a pro rata basis.
(b) The
CONSTRUCTION COSTS are defined as the actual turnkey cost to construct the entire extension including lines, materials, electronics, pole make-ready charges and labor, but not the cost of drops except as provided below. If the franchisee proposes to require a household requesting extension to make a contribution in aid of extension, it must notify the County Board in advance; send the County Board a copy of the invoice showing the amount actually charged each household requesting extension; and within 30 days of completion of the extension, furnish proof of the total cost of the extension and make any appropriate refunds if the total cost is less than the amounts charged in advance of construction. At the end of each calendar year, the franchisee must calculate the amount any contributing person would have paid based on the number of persons served at that time and pay back the difference between the amount actually collected from that person and the amount which would then be owed. The franchisee shall report such calculations and refunds to the County Clerk by the end of January of the following year.
(B) Installation of drops. Except as federal rate regulations may otherwise require, the franchisee shall not assess any additional cost for service drops of 150 feet or less unless the franchise demonstrates to the County Board’s satisfaction, evidenced by written decision, that circumstances justify a specific charge. Where a drop exceeds 150 feet in length, a franchisee may charge the subscriber for the difference between franchisee’s actual costs associated with installing a 150-foot drop, and the franchisee’s actual cost of installing the longer drop, provided that drop length shall be the shorter of the actual length of installed drop or the shortest practicable distance to the point where the franchisee would be required to extend its distribution system.
(C) Location of drops. Except as federal rate regulations may otherwise require, in any area where a franchisee would be entitled to install a drop above ground, the franchisee will provide the subscriber the option to have the drop installed underground, but may charge the subscriber the difference between the actual cost of the above-ground installation and the actual cost of the underground installation.
(D) Time for extension. A franchisee must extend service to any person who requests it:
(1) Within seven days of the request within the franchise area or where service can be provided by activating or installing a drop within 150 feet of the existing distribution system;
(2) Within 90 days of the request for service outside the franchise area where an extension of one-half mile or less (but more than 150 feet) is required; or
(3) Within six months for service outside the franchise area where an extension of one-half mile or more is required.
(E) Reasonable costs. Because existing conditions can vary dramatically, the franchisee may in its discretion require commercial customers to pay all reasonable costs (including time and materials) in excess of the average cost of connection for residential services.
(1993 Code, § 72.064) (Ord. 96-12, passed 10-16-1996) Penalty, see § 72.999