(A) To the extent that grantee is not already serving the entire franchise area, grantee shall provide service to all portions of the franchise area reaching a minimum density of thirty (30) dwelling units per linear strand mile, as measured from the nearest coaxial cable line, within twelve (12) months after the grant of this franchise.
(B) Grantee shall provide aerial or buried drop lines to new subdivisions within the franchise area at the request of the developer provided that the developer contracts and agrees with the grantee to pay the cost of the extension of the service.
(C) Grantee shall extend and make cable television service available to any resident within the franchise area who requests connection at the standard connection charge if the connection to the resident would require no more than a standard one hundred fifty foot (150') aerial drop or a seventy five foot (75') buried drop line or extension from the nearest coaxial feeder cable. With respect to requests for connection requiring an aerial or buried drop line in excess of the maximum standard distance, grantee shall extend and make available cable television service to such residents at a connection charge not to exceed its actual costs for the distance exceeding the standard one hundred fifty feet (150') of aerial or seventy five feet (75') of underground cable respectively.
(D) In areas with fewer than thirty (30) residential units per proposed cable bearing strand mile, grantee shall offer a cost- sharing arrangement with residents. A dwelling unit will be counted for this purpose if its lot fronts a street. The cost- sharing arrangement shall consist of the following:
1. At the request of a resident desiring service, grantee shall determine the cost of the plant extension required to provide service to the potential subscriber from the closest point on the cable system where it is technically feasible. The cost of construction shall be allocated based on the following formula:
(a) If a request for extension of service into a residential area requires the construction of cable plant which does not pass at least thirty (30) potential subscribers per proposed cable bearing strand mile, grantee and residents who agree to subscribe to cable service will each bear their proportionate share of construction costs. For example, if there are five (5) dwelling units per proposed cable bearing strand mile, grantee's share will equal five-thirtieths (5/30) or one-sixth (1/6) of the construction cost. The remaining cost will be shared equally by each subscriber.
(b) Should additional residents actually subscribe to cable television service in areas where subscribers have already paid a proportionate share under the extension cost sharing formula, subscribers who have previously paid a proportionate share under the extension formula shall be reimbursed pro rata for their contribution or a proportional share thereof. In such case, the pro rata shares shall be recalculated and each new subscriber shall pay the new pro rata share, and all subscribers who previously paid a proportionate share shall receive pro rata refunds. In the event such subscribers (or prior subscribers) have been disconnected or have moved and owe the grantee money which has not been recovered, grantee shall have the right to first apply the refund to amounts owed the grantee and give the balance, if any to the subscriber.
At such time as there are thirty (30) potential subscribers per cable bearing strand mile, the subscribers shall receive their pro rata share of construction costs. In any event, one year after the completion of a project, subscribers who have paid a share of line extension costs are no longer eligible for refunds, and the amounts paid in construction costs will be credited to the plant account of grantee.
(c) Where the density of residential dwelling and occupied commercial or industrial structures, adverse terrain, or other factors render extension of the system and offering of cable service impractical, technically infeasible or would create an economic hardship, the city may, upon petition of the grantee, either waive the extension of the system into such areas, or allow the extension and offer of service on special terms or conditions which are reasonable and fair to the city, the grantee and potential subscribers in such areas. (Ord. 755, 8-9-2001)