2007-09-26 CC Packet - Laserfiche WebLink

Home Browse Search

DRAFT a part hereol; Grantee must extend its System upon request to provide service to any Person or business, without charging such Person or business more than the Standard Installation charges for the individual Subscriber's Drop, consistent with the System Construction schedule set forth in the Franchise, including (but not limited to) Exhibit A. 4.4.3 Within the Franchise Area, including any areas annexed after the Effective Dale of this Franchise, except those areas located in the Franchise Area solidly shaded in green, blue or orange in Exhibit B (which shall be served in accordance with Section 4.4.2), the Grantee must extend its System upon requcst to provide sel'Vice to any Person or business. without charging such Person or business more than the Standard Installation charges tor the individual Subscriber's Drop, as long as the Il1110wing conditions are satislied, unless the Grantee demonstrates to the City's satisfaction that a waiver of this requirement is justified due to extraordinaJY circumstances: 4.4.3.1 4.4.3.2 the new Subscriber requesting service is located 150 feet or less from the termination of the Cable System; and the area of the City in which the new Subscriber resides has a density of at least thirty-live (35) dwelling units per mile of feeder cable, excluding Drop footage, when aerial construction is required lor an extension, and at least fifty (50) dwelling units per mile of 1Ceder cable. excluding Drop 100tage, whcn undcrground construction is required tor an extension. All areas that reach the applicable density requirement at any time during the Franchise term shall be provided service upon reaching the minimum density. The City, lor its part, shall facilitate the extension of service by requiring developers and utility companies to provide the Grantee with at least Iifleen (15) days advance notice of an available open trench (or the placement of necessary cahle, hut in 110 event shall the City have any liability for its lailure to require any Person to provide notice, or for any developer's or utility company's failure to provide advance notice hereunder. 4.4.4 In the event that the requirements set forth in subsection 4.4.3 are not met, Persons requesting service can be required to bear the remainder of the total construction costs on a pro rata basis. 4.4.4.1 The "total construction costs" are defined as the Actual Cost to construct the entire extension including electronics, pole make- ready charges and labor, but not the cost of the house Drop. 25 ~()