The purpose of this section is to encourage franchisees to install cable television systems and provide services within geographical locations which are outside of service areas and within which installation of such systems and services is not required under the line extension provisions of Section 5.28.1030 or 5.28.1040, and to establish a flexible framework by which the magnitude of the cable television system, services and rates and charges associated with basic service (if a franchisee has proposed limitations upon such rates and charges pursuant to the provisions of Sections 5.28.1590 through 5.28.1630 of this chapter) may be regulated in order to encourage such expansion, and insure that the uncompensated costs thereof are not so excessive as to impose an unreasonable burden upon subscribers within urbanized areas which are already being served. The provisions of this section shall be applicable to all territory outside of service areas whether extensions of a cable television system are required by or pursuant to the provisions of Sections 5.28.1030 or 5.28.1040 of this chapter, or not.
A franchisee shall not be authorized to install its cable television system or provide services within a geographical location outside a service area except pursuant to an application requesting authority for such installation and service which is approved by the board of directors of the cable television commission.
An application for such approval shall be filed with the clerk of the board of directors of the commission, shall describe the boundaries of the area proposed to be served, shall describe in detail the standards of the system proposed to be installed including, but not limited to, channel capacity, number of cables and other functional and technological features of the system, shall describe in detail the services proposed to be provided, shall identify the rates and charges associated with basic service (if the franchisee has proposed limitations upon such rates and charges pursuant to the provisions of Sections 5.28.1590 through 5.28.1630 of this chapter), shall include a budget of construction costs and projection of operating revenues and costs, shall identify a proposed time schedule for installation of the system and provision of service, and shall contain such other and further information as the board of directors may require. The board of directors of the commission shall schedule a public hearing upon the application to commence not later than thirty (30) calendar days after the application is filed, notice of which is given in the manner prescribed by Section 5.28.080 of this chapter.
After the conclusion of the public hearing, the board of directors shall approve the application if it finds that the nature and extent of the system to be installed, services to be provided, time within which installation will be complete and services provided, and rates and charges associated with basic service (if the franchisee has proposed limitations upon such rates and charges pursuant to Sections 5.28.1590 through 5.28.1630 of this chapter) will adequately serve the needs of the residents within the geographical location proposed to be served; provided, that notwithstanding such determinations, the board may deny an application if it finds that uncompensated costs of constructing the system or providing service will cause increases in rates or charges paid by subscribers who are already being served by the franchisee. In approving such an application, the board of directors may impose conditions relating to such matters as the following:
A. The standards for the system to be installed, including, but not limited to, channel capacity, number of cables and other functional and technological features of the system;
B. The nature and extent of services to be provided;
C. Interconnection of the system to be installed with the system operated by the franchisee within service areas;
E. The time schedule for installation and completion of the system and delivery of services.
A franchisee shall comply with the provisions of an approved application and any terms or conditions of approval. (Prior code § 20.05.446)