711.09 PERMITS, INSTALLATION AND SERVICE.
   (a)    Within sixty days after acceptance of any franchise the grantee shall proceed with due diligence to obtain 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, microwave carrier licenses, certificate of compliance and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, their associated microwave transmission facilities, and satellite relay facilities.
   (b)    Within one year after granting of an FCC certificate of compliance, the grantee shall have obtained all permits, licenses and authorizations necessary to the operation of the CATV system, insofar as it has power to accomplish this.
   (c)    Within one year after all necessary permits, licenses and authorizations, the grantee shall commence construction, installation of the CATV system, and proceed to render service to subscribers. Completion of construction and installation shall be pursued with reasonable diligence so that service to all areas designated on the map accompanying the application for franchise, as provided in Section 711.20, shall be provided within one year from the date that service was first provided insofar as the grantee has power to accomplish this.
   (d)    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 Section 711.05; provided, however, that Council in its discretion may extend the time for 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 his control.
   (e)    No consent of any owner of property abutting on any street, alley, public way, place or ground shall be required for the construction, maintenance or operation of any public utility therein either under the original franchise or any renewal thereof; but any owner of such property shall be entitled to recover from the owner of a public utility the amount of actual damage to such property occasioned by the utility, less any benefits accruing thereto from the utility, provided that suit is commenced within one year after damage is begun.
(Ord. 19-77. Passed 7-18-77.)