(A) The grantee shall provide service to any new residential dwelling units or commercial subscribers within the initial service area and any additional areas annexed to the town where there are at least 30 subscribers per proposed cable plant mile for residentially zoned areas, and at least 50 subscribers per proposed cable plant mile for commercially zoned areas, except where served by another cable company.
(B) In other areas with less than 30 residential dwelling units or 50 commercial subscribers per proposed cable plant mile, the grantee shall offer a cost-sharing arrangement with residents. The cost-sharing arrangement shall consist of the following.
(1) On the request of five or more potential subscribers desiring service, the grantee shall prepare, at its cost, an engineering survey and cost analysis to determine the cost of plant extension required to provide service to each subscriber from the closest point where available quality signals exist.
(2) The cost of construction shall be allocated based on the following formula: If a request for extension of service into a residential area requires the construction of cable plant which does not pass at least 50 potential subscribers per strand or trench mile, the grantee and subscribers will each bear their proportionate share of construction costs. For example, if there are 25 subscribers per strand mile or trench mile, the grantee’s share will equal 25/50 or 1/2 of construction cost. The remaining cost will be shared equally by each subscriber. After completion of the project, should additional subscribers request cable television service, the pro-rata shares shall be recalculated. Each new subscriber shall pay the new pro-rata share, and all prior subscribers shall receive pro-rata share refunds. At the time as there are the 50 potential subscribers per mile, the subscriber shall receive their pro-rata share of construction costs. In any event, at the end of two years from the completion of a project, the subscribers are no longer eligible for refunds, and the amounts paid in construction costs will be credited to the plant account of the grantee.
(3) The average cost of line extension shall be recalculated annually and based upon then current costs for labor and materials.
(4) Subscribers utilizing the cost-sharing plan for extensions shall be reimbursed pro-rata for their contribution or a proportional share thereof, if additional subscribers are connected to the respective network extension.
(C) In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give the grantee reasonable notice of the construction or development and of the particular date on which open trenching will be available for the grantee’s installation of conduit, pedestals and/or vaults, and laterals to be provided at the grantee’s expense. The grantee shall also provide specifications as needed for trenching. Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner. Except for the notice of the particular date on which trenching will be available to the grantee, any notice provided to the grantee by the town of a preliminary plant request shall satisfy the requirement of reasonable notice if sent to the local general manger or system engineer of the grantee prior to approval of the preliminary plant request.
(Ord. passed 10-13-1998)