(A) Within 30 days after acceptance of any franchise, the grantee shall commence proceedings and negotiations for obtaining all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, licenses and authorizations required by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems and service.
(B) The grantee shall accomplish significant construction of the system within one year after the date of the franchise and thereafter extend energized trunk cable to a substantial percentage of the town- approved three-year service plan. At least 30% of the franchised area shall be operational with subscriber service within the first year after the granting of the franchise agreement as aforesaid, and an additional 30% each year until completed. In all events, completion of the service shall be pursued with reasonable diligence.
(C) 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 such franchise, under and pursuant to the terms of division (B) above; provided, however, the Town Council may extend the time of the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.
(D) The grantee shall provide a high quality service to each subscriber. The minimum measured signal to noise ratio at the furthest cable line run and last subscriber shall be at least 40 decibels.
(E) The grantee shall file a map with the town, or on before January 31, of each year, showing the areas and locations of the town being served by the same system, and the location and identification of the component parts of the system, said map being accurate as of the end of the calendar year immediately preceding the date of filing.
(F) The grantee shall file a revised 12-month service plan and a projected three- and five-year service plan complete with maps and anticipated technological service improvements on or before January 31, of each year, showing the areas, proposed to be served during the respective plans time frame. These service plans must be approved by the town prior to construction and extension of service. In the event that no official town action has been taken within 45 days, the service plans shall be deemed approved.
(G) It is the intention of the town to encourage the extension of CATV service to as much of the town as is practicable without the impairment of the economic feasibility of a grantee’s system.
(1) In the event that potential subscribers in a sparsely settled section of the franchise areas shall request service, and grantee shall be of the opinion that the small number of potential subscribers make such service economically unfeasible, the grantee may make such service available by requiring a reasonable contribution from the potential subscribers to the cost of such extension of service; however, grantee shall not be required to make such services available.
(2) Similarly, in the event potential subscribers in a non-sparsely settled portion of the franchise area request service and grantee must run its cables through a sparsely settled section in order to reach those potential subscribers, the grantee may make such service available by requiring a reasonable contribution from such potential subscriber; to the cost of such extension through the sparsely settled section; however, grantee shall not be required to make such service available.
(3) The areas of the town having less than 30 or more homes per cable mile shall be deemed “sparsely settled”, as that term is used herein, and the areas of the town having 30 or more homes per mile shall be deemed “non-sparsely settled”, as that term is used herein.
(4) In determining the reasonable contribution from subscribers as herein provided, the grantee shall take into account the size of the sparsely settled areas through which it must run its cables in a sparsely settled area seeking service, the number of potential subscribers in such sparsely settled area seeking service, and the economic effects of the proposed extension and service upon the total operation of grantees’ system.
(Ord. passed 5-9-1983)