(A) The franchisee shall extend cable to new developments and subdivisions and to other areas, including, but not limited to, blocks or streets, simultaneously with the installation of electric power and telephone utility facilities, provided the same is contiguous to any part of the installed CATV system. If it is not, then service shall be extended as soon as the same is contiguous to any part of the installed CATV system.
(B) In all cases where new developments and subdivisions are to be constructed and to be served in whole or in part by both underground power and telephone utilities, the owner or developer of such areas shall provide the franchisee the trench, backfill and all necessary substructures for cables in order that the franchisee may install all necessary electronic cable communications facilities. In no event, shall such undergrounding be at any cost or expense to the city.
(C) Failure to install cable in accordance with the construction timetable as provided in § 115.25, or to extend cable within 90 days of a subscriber’s request for service to new developments, subdivisions or other areas in instances controlled by divisions (A) and (B) above shall constitute a violation of this subchapter and a material breach of any agreement awarding a franchise in accordance herewith shall subject the franchisee to all the penalties and remedies prescribed in this subchapter as well as all other remedies, both legal and equitable, which are available to the city.
(D) Cable communications service shall be made available to all individual dwellings; residences, including apartments, condominiums, cooperative or associate buildings; institutions; organizations; businesses; and all other entities within the designated franchise area as the same now or in the future may exist.
(E) Installation and service fees for the first television set of any subscriber shall be uniform for all entities listed in division (D) above.
(H) Installation or subscriber use of cable communications system service which involves retransmission of the cable signal to multiple reception points within a structure shall be negotiated separately by the franchisee and the owner of the structure or the subscriber. Service to condominium buildings shall be on such conditions as the governing body of the tenants in common may provide and as are agreed upon by the franchisee. Neither the franchisee nor the city shall be responsible or liable for any failure to provide cable communications service to a lessee or condominium owner whose lessor or governing body refuses the installation of such service. The provision of cable communications services to any multiple dwelling structure shall not be conditioned upon the purchase by the owner, lessor or governing body of such structure of any service of the franchisee or any person designated by it.
(F) Residential installation, including multiple drops, shall be offered as the feeder line passes the dwelling unit.
(G) All of the franchisee’s cable equipment shall be removed within a reasonable time, such time not to exceed one month from a subscriber’s property at the subscriber’s written request.
(1) Where such removal interferes with the provision of cable communications services to another subscriber, it shall be the obligation of the subscriber so affected to secure a legal agreement which will enable the franchisee to provide the subscriber the cable communications service the subscriber desires.
(2) Where attachment to or use of a non-subscriber property is necessary for the provision of cable communications services to a subscriber, it shall be the obligation of such subscriber to secure a legal agreement which will enable the franchisee to provide the service the subscriber desires.
(H) Nothing in this subchapter shall be construed as a representation, promise or guarantee by the city that any permit or other authorization required under any city law for the construction or installation of a cable communications system shall be issued.
(Ord. 4, series 1979, passed 9-17-1979) Penalty, see § 115.99