Skip to main content
Loading…
This section is included in your selections.

(a) General Requirements. The Grantee shall meet or exceed all construction, extension and service availability requirements set forth in this franchise.

(b) Equivalent Service. The Grantee shall not arbitrarily refuse to provide cable services to any person within its franchise area. It is the Grantee’s general policy that all commercial establishments, dwelling units, and multiple-dwelling unit addresses in the Grantee’s franchise area that meet the requirements of Subsections (c) and (e) below have equivalent availability of cable services from the Grantee’s cable system under nondiscriminatory rates and reasonable terms and conditions. The Grantor acknowledges that the Grantee cannot control dissemination of particular cable services beyond the point of demarcation at a multiple-dwelling unit. Notwithstanding the foregoing, the Grantee may introduce new or expanded cable services on a geographically phased basis, where such services require an upgrade of the cable system.

(c) Service Availability.

(1) In general. Except as otherwise provided herein, the Grantee shall provide cable service within seven (7) days of a request by any person within its franchise area. For purposes of this Section, a request shall be deemed made on the date of signing a service agreement, receipt of funds by the Grantee, receipt of a written request by the Grantee or receipt by the Grantee of a verified verbal request. Except as otherwise provided herein, the Grantee shall provide such service:

a. With no line extension charge except as specifically authorized in Subsection 5-12(e) of this Article.

b. At a nondiscriminatory installation charge for a standard installation, consisting of not more than a one-hundred-twenty-five-foot aerial drop connecting to an inside wall for residential subscribers, with additional charges for nonstandard installations as set forth in Subsection (e) below;

c. At nondiscriminatory monthly rates for residential subscribers.

(2) Line extension. The Grantee shall comply with the line extension policy set forth in Subsection 5-12(e) of this Article.

(d) Free Service. The Grantee shall continue to provide, or install and provide, without charge, one (1) standard installation outlet of all of its basic and expanded basic services (excluding premium services) to the Grantor-owned and/or -occupied office building(s), each public library, fire station, police station and school that is passed by its cable system. (A standard installation consists of a one-hundred-twenty-five-foot aerial cable drop.) Notwithstanding anything to the contrary set forth herein, the Grantee shall provide a nonstandard installation outlet so long as it is technically feasible and will not adversely affect the operation, financial condition or market development of the cable system to do so; and will provide a nonstandard installation outlet to such buildings requiring the same where the appropriate entity agrees to pay the incremental cost of such nonstandard installation, including the cost of such excess labor and materials. In the event that additional outlets of basic and expanded basic services are provided to such buildings, the building owner shall pay the usual installation fees associated therewith, including, but not limited to, labor and materials at actual cost. However, the basic and expanded basic services shall be provided free of charge for up to five (5) outlets per building. For more than five (5) outlets, the services shall be provided in accordance with the Grantee’s schedule of bulk rates. Such outlets shall not be located in public waiting areas or break rooms, and shall not be used to entertain public groups, be used for commercial purposes or be used in any way that violates copyright laws. The Grantor shall take reasonable precautions to prevent any use of the Grantee’s cable system in any manner that results in inappropriate use thereof, or any loss or damage to the cable system.

(e) Line Extension Policy.

(1) Whenever the Grantee receives a request for service from customer(s) residing in a contiguous unserved area with a residential density of at least forty-five (45) homes per mile, the Grantee agrees to extend its cable system to such area. For purposes of this Section, mile shall mean five thousand two hundred eighty (5,280) cable-bearing strand feet of trunk or distribution cable.

(2) No customer shall be refused service arbitrarily. However, for unusual circumstances, such as a customer’s request to locate the cable drop underground, the existence of more than one hundred twenty-five (125) feet of distance from the distribution cable to connection of service to customers, or a density of less than forty-five (45) homes per mile, 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 in aid of construction to be borne by the Grantee and subscribers in the area to which service may be expanded, the 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 residences per mile, and whose denominator equals forty-five (45). Customers who request service hereunder will bear the remainder of the construction and other costs on a pro rata basis. The Grantee may require that the payment of the capital contribution in aid of construction to be borne by such potential customers be paid in advance. (Ord. 731 § 1, 2004)