A. New Construction Timetable:
1. Within two (2) years from the date of the award of an initial franchise, the grantee must make cable television service available to every dwelling unit within the service area.
a. The grantee must make cable television service available to at least twenty percent (20%) of the dwelling units within the service area within six (6) months from the date of the award of the franchise.
b. The grantee must make cable television service available to at least fifty percent (50%) of the dwelling units within the service area within one year from the date of the award of the franchise.
2. The grantee, in its application, may propose a timetable of construction which will make cable television service available in the service area sooner than the above minimum requirements, in which case the said schedule will be made part of the franchise agreement, and will be binding upon the grantee.
4. In special circumstances the Village may waive one hundred percent (100%) completion within the two (2) year time frame, provided substantial completion is accomplished within the allotted time frame, substantial completion to be not less than ninety five percent (95%). Any approval of such requests is within the sole discretion of the Village.
B. Line Extensions:
1. Mandatory Extension Of Service: In areas of the franchise territory not included in the initial service areas, the grantee shall be required to extend its system pursuant to the following requirements:
a. No customer shall be refused service arbitrarily. Grantee is hereby authorized to extend the cable system as necessary within the Village. To expedite the process of extending the cable system into a new subdivision, the Village will forward to the grantee an approved engineering plan of each project. The grantee shall commence the design and construction process upon receipt of the final engineering plan. Upon notification from the Village that the first home in the project has been approved for a building permit, the grantee shall have a maximum of three (3) months to complete the construction/activation process within the applicable project phase. Extensions may be granted by the Village based on unforeseen weather or ground conditions.
b. The grantee shall extend and make cable television service available to every dwelling unit in all unserved, developing areas having at least thirty (30) dwelling units planned per street mile, as measured from the existing system, and shall make every effort to extend its system simultaneously with the installation of utility lines, provided that it can enter into such joint trench agreements on reasonable terms and conditions.
c. The grantee shall extend and make cable television service available to any isolated resident outside the initial service area requesting connection at the standard connection charge, if the connection to the isolated resident would require no more than a standard one hundred twenty five foot (125') drop line.
2. Early Extension: In areas not meeting the requirements for mandatory extension of service, the grantee shall provide, upon the request of a potential subscriber desiring service, an estimate of the grantee's costs required to extend service to the subscriber. The grantee shall then extend service upon request of the potential subscriber. The grantee may require advance payment or assurance of payment satisfactory to the grantee. In the event the area subsequently reaches the density required for mandatory extension, such payments shall be refunded to the subscriber.
3. New Development Undergrounding: In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give the grantee reasonable notice of such construction or development, and of the particular date on which open trenching will be available for the grantee's installation of conduit, pedestals and/or vaults, and laterals to be provided at the grantee's expense. The grantee shall also provide specifications as needed for trenching. Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that if the grantee fails to install its conduit, pedestals and/or vaults, and laterals within ten (10) working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the ten (10) day period, the cost of new trenching is to be borne by the grantee. Except for the notice from the developer or property owner of the particular date on which trenching will be available to the grantee, notice provided to the grantee by the Village of the opening of a trench shall also satisfy the requirement of reasonable notice if sent to the local general manager or system engineer of the grantee.
C. Special Agreements: Nothing herein shall be construed to prevent the grantee from serving areas not covered under this Section upon agreement with developers, property owners, residents, or businesses.
D. Policy: A grantee, in its application, may propose a line extension policy that will result in serving more residents of the Village than as required above. If such approval is approved by the Village, the grantee's policy will be incorporated into the franchise agreement and will be binding on the grantee.
E. Accessability: Where access to property is denied by the property owner or where a cost is imposed to cross private property, grantee shall have the option not to provide cable service. In such circumstances, however, grantee will endeavor in good faith to reach agreement with those requesting service in an effort to make extension of the cable system economically feasible by a contribution in aid of construction by those requesting service.