(A) The company shall provide a cable television system which will conform to the technical standards specified in the Federal Communications Commission rules and regulations. The company shall extend, within one year of the granting of all authorizations for the area to be served, energized cable passing in front of the homes of residents of that area provided that the area contains a minimum density of 40 homes per mile from the end of existing plant.
(B) Any installation other than at the standards of density above mentioned or contained in this section shall be at a special construction and maintenance cost. Any subscriber wishing an estimate of service for the special construction shall make such request known in writing to the company which shall provide an estimate in writing within 30 days of receipt of said request. Said estimate shall specify the amount to be charged for labor, materials, and specify circumstances necessitating such costs.
(C) Notwithstanding the service extension requirements as indicated in divisions (A) and (B) above, the company shall extend service to additional areas covered by this franchise if economically and technically feasible.
(1) Prospective subscribers in areas of marginal linear density may negotiate with the company for an equitable sharing of costs to extend the Cable TV System into said marginal areas. Such negotiations may include, but not be limited to, various levels of construction cost, profitability, rate of return, installation fee, and monthly subscription fee. At a minimum, the company shall provide 132 feet of trunk, which is the number of feet of trunk which would be provided at a density of 40 homes per mile, or feeder cable per subscriber at no cost beyond the current basic subscriber rates. Details for negotiating and implementing the extension of the system into such marginal areas shall be arranged between the town and the company.
(2) Prospective subscribers may create other forms of legal organizations to design and construct cable TV extensions systems in their area. Nothing herein shall prohibit the company corporation from assisting such organizations, by making financial and technical advice and bulk purchasing power available to the greatest extent possible. Upon agreement as provided herein the company shall permit or perform the connection of the extension system to its plant, and shall in no way delay or prohibit such connection.
(3) Upon agreement as provided herein, the company shall cooperate with the system extension owners to correct the technical problems should any develop. The rates, charges, and fees for the plans and service provided in this subsection shall be determined at special negotiation sessions.
('82 Code, § 25-36-1-1(h)) (Ord. passed 1-22-80)