(1) The city may issue a nonexclusive license for any or all portions of the city's jurisdictional limits as delineated in the request for proposals. Upon the annexation of any additional land area by the city, the annexed area shall thereafter be subject to all the terms of this chapter and the license agreement immediately upon notification to the licensee of the annexation by the city.
(2) A licensee shall construct and operate its cable system so as to provide service to all parts of its license area as provided in the license agreement and having a density of at least fifteen (15) residential dwelling units per street half-mile of system or where eight (8) residential dwelling units per street half-mile agree to subscribe to cable service for at least one (1) year. In addition, all areas which reach such density at any time during the license term shall be provided service upon reaching the minimum density.
(3) Where the density is less than that specified above, the licensee shall inform persons requesting service of the possibility of paying for installation or a line extension and shall offer to provide them with a free written estimate of the cost, which shall be provided within fifteen (15) working days of such a request. The charge for installation or extension for each person requesting service shall not exceed a pro rata share of the actual cost of extending the service. If, for example, the density in an area were three (3) residential units per half mile, licensee would pay one-fifth ( 1/5) of the costs of the extension and persons agreeing to take service would pay the remaining four-fifths.
(4) Any residential dwelling unit located within one-hundred and twenty-five (125) feet of the closer of (a) the nearest edge of the public right-of-way or (b) the nearest tap on a licensee's system shall be connected to the cable system at no charge other than the standard installation charge (plus extension charges, if any, that would apply under section 7A11(2)-(3)). In determining what is the drop length from the "nearest edge of the right-of-way," the drop length will be measured to the nearest edge of the right-of-way directly adjoining the premises of the subscriber, in the direction in which the licensee's plant is located (or is to be located, in a case involving a line extension). The licensee shall, upon request by any potential subscriber residing in the city beyond the 125-foot limit, extend service to such subscriber provided that the subscriber shall pay the net additional drop costs.
All measurements must be made in a manner most favorable to the person requesting service.
(5) Under normal operating conditions, if licensee cannot perform installations within the times specified in applicable customer service standards, the subscriber may request and is entitled to receive a credit equal to the charge for a standard installation. For any installation that is not a free installation or a standard installation, the licensee shall provide the subscriber with a written estimate of all charges within seven days of a request by the subscriber. Failure to comply will subject licensee to appropriate enforcement actions. This section does not apply to the introduction of new products and services when licensee is utilizing a phased introduction.
(6) In all cases where new developments and subdivisions are to be constructed to be served in whole or in part by underground power and telephone utilities, the owner or developer of such areas shall provide reasonable notice to the licensee of the availability of trenches, backfill and specifications of all necessary substructures in order that the licensee may install all necessary electronic cable facilities. In no event shall such undergrounding be at any cost or expense to the city.
(7) Subject to the other provisions of this section 7A-11, cable service shall be made available upon request to all individual residential dwellings, multiple-unit residential dwellings, condominiums, cooperative buildings, townhouses, institutions, organizations, businesses and all other structures within the designated license area.
(8) Nothing in this section shall prohibit a person from requiring that cable system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons and property.
(9) Nothing in this section shall prohibit a person from requiring the licensee to agree to indemnify or compensate the owner for damages or from liability for damages caused by the installation, operation, maintenance or removal of system facilities by the licensee.
(Ord. No. 8937, § 2, 9-2-97)