A. The cable television system shall be constructed and installed in accordance with the construction standards set forth in Article IV of this chapter, within the entirety of each service area and basic service and other services identified pursuant to the provisions of Section 5.28.1280 of this chapter, shall be made available to all dwelling units within each service area within the times prescribed below, regardless of density, and the standards for line extensions set forth in Section 5.28.1030 of this chapter, shall not be applicable to territories within service areas. Each franchisee shall:
1. Commence construction of the cable television system in each service area by stringing or laying cable not later than nine months following the date of filing of the certificate of acceptance of the franchise pursuant to the provisions of Section 5.28.440 of this chapter;
2. Make basic service and other services identified pursuant to the provisions of Section 5.28.1280 of this chapter, available to at least twenty (20) percent of all dwelling units within each service area not later than twenty-three (23) months following the date of filing of the certificate of acceptance of the franchise pursuant to the provisions of Section 5.28.440 of this chapter;
3. Make basic service and other services identified pursuant to the provisions of Section 5.28.1280 of this chapter, available to at least fifty (50) percent of all dwelling units within each service area not later than forty-three (43) months following the date of filing of the certificate of acceptance of the franchise pursuant to the provisions of Section 5.28.440 of this chapter; and
4. Make basic service and other services identified pursuant to the provisions of Section 5.28.1280 of this chapter, available to one hundred (100) percent of all dwelling units within each service area not later than sixty-three (63) months following the date of filing of the certificate of acceptance of the franchise pursuant to the provisions of Section 5.28.440 of this chapter.
Except as otherwise provided by or pursuant to the franchise documents, any and all studio facilities, equipment, channels and other services, resources or benefits required of a franchisee under any provisions of the franchise documents shall be completed and made available, and the provision of any community use programming which the franchisee has proposed pursuant to the provisions of Sections 5.28.830 through 5.28.870 of this chapter, shall commence not later than thirty-seven (37) months following the date of filing of the certificate of acceptance of the franchise pursuant to the provisions of Section 5.28.440 of this chapter. When other times are prescribed by or pursuant to the franchise documents, such services, resources, benefits and programming shall be completed, made available or commenced, as the case may be, within the times required.
The foregoing shall not be construed to prevent an applicant from proposing additional, more stringent completion levels than those set forth above.
B. If the franchisee has proposed more stringent construction completion levels than those set forth above and if said proposal has been incorporated in the franchise documents, the failure of the franchisee to comply with such additional construction levels shall be subject to the provisions of Section 5.28.1810 of this chapter. Provided, that the failure of the franchisee to comply with such additional construction levels shall not constitute a breach of its obligations under the franchise documents unless and until:
1. Franchisee has experienced two consecutive failures to comply with such additional construction levels; or
2. Franchisee has breached any of the provisions of the first two paragraphs of this section.
C. Further, provided, that within the first twenty-four (24) months after the filing of the certificate of acceptance of the franchise pursuant to the provisions of Section 5.28.440 of this chapter, no failures of the franchisee to comply with such additional construction levels shall constitute a breach of the franchise documents if:
1. Such failure will not prevent the franchisee from being in substantial compliance with such additional construction levels by the end of twenty-four (24) months after the filing of said certificate of acceptance; and
2. Franchisee has not breached any of the provisions of the first two paragraphs of this section. (Prior code § 20.05.410)