“State-of-the-art” shall mean a cable system with production or other facilities, technical performance, capacity, equipment, components, and construction techniques equal to that which has been developed and demonstrated by existing cable television system operators and reputable equipment suppliers to be workable in the field, which is more modern and technologically advanced than generally in use, which is reasonably available and feasible to install, which is in use by at least two other cable systems in comparable areas of equivalent population, which customers have paid for in at least two other comparable markets for at least a year, which is based on a twelve (12) percent projected rate of return on investment derived from the additional or upgraded network capacity, and which investment can be amortized over a period of time which is both reasonable and customary in the cable television industry. (Ord. 205 § 3, 2001)