2002-10-23 CC Packet - Laserfiche WebLink

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I Franchise and the City may, in its sole discretion, either grant the Grantee an extension of time to complete such construction, or implement any enforcement measures or penalties specified in this Franchise or the City Code, including but not limited to revocation of the Franchise. In the event of excusable delay pursuant to subsection 4.3.2, the time for completion will be extended by the period of such delay. 4.4 Line Extension Requirements. 4.4.1 Subject to subsections 4.4.2 through 4.4.6, the Grantee shall make Cable Service available to all residences and businesses which can be served by the Installation of a standard Drop within the City, including multiple dwelling unit buildings, whose owners or occupants request Cable Service, except for multiple dwelling unit buildings to which the Grantee, after best efforts, has not obtained authorization to access. 4.4.2 In those areas solidly shaded green, orange or blue on the "North Metro Franchise" map attached hereto as Exhibit E, and made a part hereof, 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. Grantee's System shall be capable of meeting this requirement no later than December 31, 2004. 4.4.3 Within the City's boundaries, including any areas annexed after the Effective Date of this Franchise, except those areas solidly shaded in green, blue or orange in Exhibit E (which shall be served in accordance with Section 4.4.2) the 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, as long as the following conditions are satisfied, unless the Grantee demonstrates to the City's satisfaction that a waiver ofthis requirement is justified due to extraordinary circumstances: 4.4.3.1 the new Subscriber requesting service is located 150 feet or less from the termination ofthe Cable System; and 4.4.3.2 the area of the City in which the new Subscriber resides has a density of at least thirty-five (35) dwelling units per mile of feeder cable, excluding Drop footage, when aerial construction is required for an extension, and at least fifty (50) dwelling units per mile of feeder cable, excluding Drop footage, when underground construction is required for 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, for its part, shall facilitate the extension of service by requiring developers and utility companies to provide the Grantee with at least fifteen (15) days advance notice of an available open 23