(1) Grantee is hereby authorized to extend the Cable System as necessary, as desirable, or as required pursuant to the terms hereof within the City. However, at the effective date of this Franchise, the Grantee was capable of providing service to ninety percent (90%) of the City residents. Grantee shall develop the system such that ninety percent (90%) of the City residents are always capable of being served by the Grantee. However, Grantee's obligation to maintain the percentage shall be subject to the provisions of this Section.
(2) Whenever Grantee shall receive a request for service from at least fifteen (15) Subscribers within 1320 cable-bearing strand feet (one-quarter cable mile) of its trunk or distribution cable, it shall extend its Cable System to such Subscriber at no cost to said Subscriber other than the usual connection fees; provided that such extension is technically feasible, and will not adversely affect the operation, financial condition, or market development of the Cable System, or as provided for under the Section.
(3) No Subscriber shall be refused service arbitrarily.
(4) In the case 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 not less than thirty (30) days prior to such construction or development, of the particular date on which open trenching will be available for the Grantees installation of conduit, pedestals/or vaults, and laterals to be provided at the Grantee's expense. The developer/property owner shall also provide specifications in conformance with City requirements as needed for trenching. The developer/property owner may close the requisite trenches when:
(a) The Grantee has placed the necessary conduit; or
(b) Seven (7) days after the developer/property owner has given a second notice that the requisite trench has been opened; or
(c) The Grantee has waived its right to place its facilities under this provision, whichever comes sooner.
(5) Costs of trenching and easements required to bring service to the development shall be borne by the developer/property owner. Where such trenching is so provided by the developer/property owner, the extension standards in this Section will be reduced to eleven (11) residents requesting service within one quarter (¼) mile.
(6) For unusual circumstances, such as a Subscriber's request to locate his cable drop underground, existence of more than one hundred fifty (150) feet of distance from distribution cable to connection of service to Subscriber, or a density of less than fifteen (15) Subscribers per 1320 cable-bearing strand feet of trunk or distribution cable, Cable Service or other service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor, and easements. For the purpose of determining the amount of capital contribution to be borne by Grantee and Subscribers in the area in which Cable Service may be expanded, Grantee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of potential Subscribers per 1320 cable-bearing stand feet of its trunks or distribution cable, and whose denominator equals fifteen (15) Subscribers. Potential Subscribers will bear the remainder of the construction and other costs on a pro rata basis. Grantee may require that the payment of the capital contribution in aid of construction borne by such potential Subscribers be paid in advance.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999