A. A franchisee shall be eligible to claim an exemption under this section if, and only if, it shall have filed with its application a map or maps, certified as true and correct by an officer of the franchisee, setting forth clearly and distinctly those portions of the imposed service area in which:
1. There exists less than forty (40) dwelling units per street mile or less than five dwelling units within six hundred sixty (660) street feet; and
2. The franchisee desires to retain the right to claim a low density exemption under this section at a later date.
B. For purposes of determining compliance of the provisions of Section 5.28.950 of this chapter, and notwithstanding any other provision of this chapter, a franchisee shall be excused, upon application therefor to the commission, from making basic service and other services identified pursuant to Section 5.28.1280 of this chapter available within the time limits specified in Section 5.28.950 of this chapter, to dwelling units within an area meeting both of the following criteria (hereinafter "affected area"):
1. There exists less than forty (40) dwelling units per street mile or less than five dwelling units within six hundred sixty (660) street feet; and
2. The area is shown upon the map submitted pursuant to subsection A of this section.
C. Notwithstanding the provisions of subsection B of this section, a franchisee shall make available basic service and other services identified pursuant to Section 5.28.1280 of this chapter to all dwelling units within an affected area not later than seventy-five (75) months after the filing of the certificate of acceptance to the franchise.
D. For purposes of determining compliance with the provisions of Sections 5.28.950(A)(4) and 5.28.990 of this chapter, and notwithstanding the provisions of subsection C of this section, or any other provision of this chapter, a franchisee shall be excused from making basic service and other services identified pursuant to Section 5.28.1280 of this chapter available to dwelling units within an area meeting both of the following criteria (hereinafter "affected area"):
1. There exists less than forty (40) dwelling units per street mile or less than five dwelling units within six hundred sixty (660) street feet; and
2. Each dwelling unit within said area shall have been offered and declined cable service at the low density installation cost, which shall be the lesser of:
a. The franchisee's actual cost of installation of cable plant in the affected area multiplied by the difference between the total number of dwelling units within the affected area and the number of dwelling units evidencing a desire to contract for cable service, the product thereof divided by the total number of dwelling units within the affected area and the dividend thereof divided by the number of dwelling units within the affected area desiring to contract for cable services; or
b. Fifty (50) percent of the franchisee's actual cost of installation of cable plant in the affected area divided by the number of dwelling units in the affected area desiring to contract for cable services.
E. If, in response to the offer of service at the low density installation cost required by subsection (D)(2) of this section, one or more dwelling units within the affected area shall contract for service the franchisee shall have no exemption pursuant to subsection D of this section and shall be required to comply with the provisions of subsection C of this section.
F. If, pursuant to subsection E of this section, one or more dwelling units within an affected area should contract for service and pay the low density installation cost calculated pursuant to subsection (D)(2) of this section, and at any time thereafter, additional dwelling units shall contract for such cable service, the low density installation cost for such subsequent contracting dwelling units shall be recalculated pursuant to the formula set forth in subsection (D)(2) of this section, utilizing the then-existing total number of dwelling units and the then-existing number of dwelling units contracting for cable service and a refund shall be paid thereupon to any existing subscriber who shall have paid a low density installation cost within the previous three years in an amount equal to the amount by which the low density installation cost for the new subscriber exceeds the low density installation cost charge paid by the existing subscriber.
G. For affected area in which the franchisee claims an exemption pursuant to subsection D of this section, the franchisee shall obtain and retain at all times throughout the term of the franchise evidence in a form satisfactory to the commission of the offer and declination of service by the franchisee to all of the dwelling units within the affected area upon the basis set forth in subsection D of this section.
H. For purposes of calculations under this section, the "franchisee's actual cost of installation of cable plant in the affected area" shall:
1. Include only direct labor expended and plant and equipment physically installed within the affected area;
2. Not include any indirect allocation, assignment or amortization of other costs or equipment;
3. Not include any costs related to any degree whatsoever with the provisions of service to areas other than the affected area, including, but not limited to, any cable or other equipment used in any part to transmit signals to any area beyond the affected area.
I. If a franchisee should claim an exemption pursuant to subsection D of this section, and thereafter during the term of the franchise the density of dwelling units within the affected area should equal or exceed forty (40) dwelling units per street mile or five dwelling units within six hundred sixty (660) street feet then the franchisee shall, upon the application of one or more dwelling units within said affected area, be obligated to extend the system throughout the affected area and make available basic service and other services identified pursuant to Section 5.28.1280 of this chapter, within six months after the first request for cable service.
J. If a franchisee shall install cable service within an affected area pursuant to the provisions of subsection E of this section, and within five years thereafter, the density of dwelling units within the affected area shall equal or exceed forty (40) dwelling units per street mile or five dwelling units within six hundred sixty (660) street feet, the franchisee shall thereupon refund all low density installation cost charges to the extent that said charges exceeded the normal installation charge in effect at the time of installation for non-low density areas of the system.
K. Notwithstanding any other provisions of this section, the system design and architecture shall, at all times during the term of the franchise, be capable of serving the entire imposed service area. (Prior code § 20.05.413)