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2002-10-23 CC Packet
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2002-10-23 CC Packet
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<br />I <br /> <br />Franchise and the City may, in its sole discretion, either grant the Grantee an <br />extension of time to complete such construction, or implement any enforcement <br />measures or penalties specified in this Franchise or the City Code, including but <br />not limited to revocation of the Franchise. In the event of excusable delay <br />pursuant to subsection 4.3.2, the time for completion will be extended by the <br />period of such delay. <br /> <br />4.4 Line Extension Requirements. <br /> <br />4.4.1 Subject to subsections 4.4.2 through 4.4.6, the Grantee shall make Cable Service <br />available to all residences and businesses which can be served by the Installation <br />of a standard Drop within the City, including multiple dwelling unit buildings, <br />whose owners or occupants request Cable Service, except for multiple dwelling <br />unit buildings to which the Grantee, after best efforts, has not obtained <br />authorization to access. <br /> <br />4.4.2 In those areas solidly shaded green, orange or blue on the "North Metro <br />Franchise" map attached hereto as Exhibit E, and made a part hereof, Grantee <br />must extend its System upon request to provide service to any Person or business, <br />< <br />without charging such Person or business more than the Standard Installation <br />charges for the individual Subscriber's Drop. Grantee's System shall be capable <br />of meeting this requirement no later than December 31, 2004. <br /> <br />4.4.3 Within the City's boundaries, including any areas annexed after the Effective <br />Date of this Franchise, except those areas solidly shaded in green, blue or orange <br />in Exhibit E (which shall be served in accordance with Section 4.4.2) the Grantee <br />must extend its System upon request to provide service to any Person or business, <br />without charging such Person or business more than the Standard Installation <br />charges for the individual Subscriber's Drop, as long as the following conditions <br />are satisfied, unless the Grantee demonstrates to the City's satisfaction that a <br />waiver ofthis requirement is justified due to extraordinary circumstances: <br /> <br />4.4.3.1 <br /> <br />the new Subscriber requesting service is located 150 feet or less <br />from the termination ofthe Cable System; and <br /> <br />4.4.3.2 <br /> <br />the area of the City in which the new Subscriber resides has a <br />density of at least thirty-five (35) dwelling units per mile of feeder <br />cable, excluding Drop footage, when aerial construction is required <br />for an extension, and at least fifty (50) dwelling units per mile of <br />feeder cable, excluding Drop footage, when underground <br />construction is required for an extension. All areas that reach the <br />applicable density requirement at any time during the Franchise <br />term shall be provided service upon reaching the minimum density. <br />The City, for its part, shall facilitate the extension of service by <br />requiring developers and utility companies to provide the Grantee <br />with at least fifteen (15) days advance notice of an available open <br /> <br />23 <br />
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