§ 13.12.1210. Establishment and furnishing of service; procedures and costs.

(a)

The franchisee shall, within one year after acceptance of franchise, obtain all necessary permits, certifications and authorizations as may be required in the conduct of its business. The franchisee shall notify the director when all such permits, authorizations and certifications have been obtained. Should the franchisee be unable to comply with the requirements of this subsection within the time specified in this section, the franchise granted by this chapter shall become null and void, and the franchisee shall have no rights thereunder; provided, however, that the city may, for good cause shown by the franchisee, grant extensions of time to comply with this requirement.

(b)

Within 90 days after obtaining the necessary permits, certifications and authorizations, the franchisee shall commence construction and installation of the cable television system. The franchisee shall notify the director, in writing, within ten days thereof of the date of commencement of construction and installation work.

(c)

The franchisee shall extend and complete the cable television system throughout the designated service area with reasonable diligence. Within two years after complying with the requirements of subsection (a) of this section, the franchisee shall be capable of providing basic service to every residence within the franchise service area notwithstanding the provisions of subsection (d) of this section; provided, however, that the director may, for good cause shown by the franchisee, grant extensions of time to comply with this requirement.

(d)

Upon a reasonable request for basic service to any residence within the franchisee's service area, the franchisee shall promptly furnish the requested service to such residence; service shall be provided to a residence passed by franchisee's cable plant within 30 days of request for service. Notwithstanding the above, if the franchisee can show that permits or other authorizations must be obtained or that the provision of such service is impractical, technically unfeasible, economically noncompensatory or will impose an undue hardship, the director may waive or defer the franchisee's obligation to provide service to such residence.

(e)

For purposes of determining compliance with the provisions of this section, and to provide for a reasonable and nondiscriminatory policy governing provision of cable service to franchise service areas within the city, the franchisee shall provide service to new subscribers at the normal installation charge and monthly rate for customers of that classification under the following terms and conditions:

(1)

Where the new subscriber, or nearest subscriber of a group of new subscribers, is located within 100 feet of existing aerial or underground trunk or distribution feeder cable; and

(2)

Where the number of homes to be passed by such new extension cable plant bears the same or proportional ratio to the total amount of new cable plant as the average number of homes passed per mile of existing cable plant; or in the alternative, the ordinance granting the franchise may specify the number of homes to be passed per mile, for aerial and underground construction, which shall require mandatory provision of service.

(f)

If the requirements of subsection (e) of this section are not met, the franchisee shall provide service to new subscribers at the normal monthly rate for customers of that classification and the installation cost per subscriber shall be determined as follows:

(1)

Within ten days of request from a potential subscriber, the franchisee shall provide a written cost estimate to potential subscribers whose residence or commercial place of business is located in excess of 100 feet from the closest trunk or feeder cable. This estimate is to indicate the franchisee's cost for labor and material plus ten percent for overhead costs for excessive footage from energized trunk source and/or concealed wiring and/or nonstandard underground drops. In addition, the estimate may include the costs of use of utility poles for aerial cable, if applicable.

(2)

If there are less than the average number of homes per mile to be passed by cable than are at present in the total plant, cable service will be supplied at a cost based on the following formula for both aerial and underground construction:

a.	*Cost per mile to construct based on average homes per mile in plant for overhead or underground as may be applicable	=	Franchisee's average cost
b.	Cost per mile to construct to subscribers requesting service	=	Cost per subscriber
c.	Cost per subscriber less franchisee's average cost	=	Subscriber's share
*The expression "cost per mile to construct" means the turnkey price as supplied by the cable manufacturer of the newest version of their equipment presently being used by the franchisee in the system. Such cost to construct will include the house drops.

 

(g)

The franchisee shall not be responsible for providing service in those areas meeting the density requirements in this section or in the ordinance granting the franchise if the franchisee is precluded by the property owner, instrument of record, or contract from providing cable services or constructing and installing facilities and equipment.

(Ord. No. 14(1989), § 2(16.68.010), 6-27-89)