(A) Within 60 days of the effective date of a franchise grant hereunder, the grantee shall file with the Federal Communications Commission and other appropriate authorities and utilities all papers and applications necessary to comply with the terms of this chapter, and shall thereafter diligently pursue all such applications.
(B) Within 90 days of the effective date of FCC certification and other necessary permits and agreements, the grantee shall initiate construction and installation of the broadband telecommunications network. Construction and installation shall be pursued with reasonable diligence.
(C) Within 6 months of the effective date of FCC certification and other necessary permits and agreements, the grantee shall commence operation within the meaning set forth in § 111.01.
(D) Within 18 months of the effective date of FCC certification and other necessary permits and agreements, the grantee shall have substantially completed construction of the initial service area, within the meaning set forth in § 111.01.
(E) Within 42 months of the effective date of the FCC certification and other necessary permits and agreements, the grantee shall have placed in use sufficient distribution facilities to offer full network services to 100% of the inhabitants in the initial service area.
(F) Failure to do any of the foregoing provisions of this section within the time specified shall be grounds for the termination of the franchise.
(G) The city may extend the time for the grantee, acting in good faith, to perform any act required. The time for performance shall be extended or excused, as the case may be, for any period during which the grantee demonstrates to the satisfaction of Council that the grantee is being subjected to delay or interruption due to any of the following circumstances if reasonably beyond his or her control:
(1) Necessary utility rearrangements or pole changeouts;
(2) Governmental or regulatory restrictions;
(3) Labor strikes;
(4) Lockouts;
(5) War;
(6) National emergencies;
(7) Fire;
(8) Acts of God.
(H) The city may revoke a franchise granted in the event a grantee hereunder fails to receive the necessary FCC certification unless the cause is directly attributable to an action or condition imposed by the city.
(1981 Code, § 111.08) (Ord. 5055-73, passed 5-14-1973)