(a) A final order of completion shall be issued by the Board when:
(1) The construction of the cable communications system has been completed within the entirety of the service area in compliance with the construction standards set forth in Article 10 of this chapter and the design and other requirements of the franchise documents;
(2) Basic service and other services identified pursuant to the provisions of Section 11-1.1303 of Article 13 of this chapter have been made available to 100 percent of the dwelling units within the service area;
(3) Any and all studio facilities, equipment, channels, and other services, resources, or benefits required by the franchise documents have been completed and made available;
(5) A notice of completion has been filed by the grantee as provided in this section.
(b) For the purposes of Section 11-1.1002 of Article 10 of this chapter and this section, basic service and other services identified pursuant to the provisions of Section 11-1.1303 of Article 13 of this chapter shall be deemed to be made available when the basic service (at rates and charges in amounts proposed within the application for the franchise and as permissibly adjusted pursuant to Section 11-1.1403 of Article 14 of this chapter or, if none are included in the application, at rates and charges in amounts customarily offered by the grantee) and other services identified pursuant to the provisions of said Section 11-1.1303 (at rates and charges in amounts customarily offered by the grantee) are offered for immediate provision to the owner or legal representative of the owner empowered to consent to the use of the property of such individual dwelling units.
(c) For the purpose of determining completion under this section, the total number of dwelling units within the service area shall be deemed to be the actual number of units available for occupancy as of a date forty-five (45) calendar days in advance of the date of the filing by the grantee of the notice of completion provided the grantee files the notice of completion with a good faith belief that it has in fact achieved completion as of the date of filing. Otherwise, the total number shall be determined as of the date on which the Board makes a final decision as to whether a final order of completion will be adopted.
(d) A grantee who asserts completion shall file a written notice of completion with the Clerk of the Board. The notice of completion shall state the total number of dwelling units available for occupancy within the service area forty-five (45) calendar days in advance of the filing of the notice, the total number of dwelling units to which
basic service and other services have been made available within the service area as of the date of filing, and shall otherwise certify completion as set forth in subsection (a)of this section. Neither the notice of completion nor the statements, assertions, or certifications contained therein shall be deemed to be binding upon the Board.
(e) During the period of construction of the cable communications system or during the sixty (60) day period following the filing of the notice of completion, all elements and components thereof, and all equipment and studio facilities required by the franchise documents, shall be subject to inspection by the County, or employees or authorized agents or representatives thereof, for the purpose of determining whether the system and related facilities comply with the franchise documents. The grantee shall authorize such inspection and provide such information and cooperation if required in order to permit an adequate investigation to determine the existence or nonexistence of such compliance. (§ 1, Ord. 961, eff. October 27, 1983)