§ 5.5-20. System construction.

(a)

New construction timetable. The system construction timetable in an initial service area shall be established in the franchise agreement.

(b)

Line extensions. Unless otherwise provided for in the franchise agreement:

(1)

[Areas not included in initial service areas.] In areas of the franchise not included in the initial service areas, a grantee shall be required to extend its system pursuant to the following requirements:

a.

No customer shall be refused service arbitrarily. Grantee is hereby authorized to extend the cable system as necessary within the city. To expedite the process of extending the cable system into a new subdivision, the city will forward to a grantee an approved engineering plan of each such project. Subject to the density requirements (twenty-five (25) dwelling units per street mile as measured from the existing system and twenty-five (25) dwelling units per street mile within the new subdivision), the grantee shall commence the design and construction process upon receipt of the final engineering plan. Upon notification from the city that the first home in the project has been approved for a building permit, a grantee shall have a maximum of three (3) months to complete the construction/activation process within the project; provided, however, that the three-month period shall be reasonably extended to accommodate delays caused by circumstances beyond the control of the grantee.

b.

A grantee must extend and make cable service available to every dwelling unit in all unserved, developing areas having at least twenty-five (25) dwelling units per street mile, as measured from the existing system, and shall extend its system following established utility easements.

c.

A grantee must extend and make cable service available to any isolated resident outside the initial service area requesting connection at the standard connection charge, if the connection from the existing cable plant to the isolated resident would require no more than a standard 150-foot drop line, unless an alternative standard is provided for in the franchise agreement.

(2)

Early extension. In areas not meeting the requirements for mandatory extension of service, a grantee shall provide, upon the request of a potential subscriber desiring service, an estimate of the costs required to extend service to the subscriber. The grantee shall then extend service upon request of the potential subscriber. A grantee may require advance payment. The amount paid by subscribers for early extensions may be nonrefundable.

(3)

New development underground. In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give a grantee reasonable notice, but not less than thirty (30) days' notice, of such construction or development, and of the particular date on which open trenching will be available for the grantee's installation of conduit, pedestals and/or vaults, and laterals to be provided at the grantee's expense. A grantee may also provide specifications as needed for trenching. Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that if a grantee fails to install its conduit, pedestals and/or vaults, and laterals within five (5) working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the five-day period, the cost of new trenching is to be borne by the grantee.

(c)

Special agreements. Nothing herein shall be construed to prevent a grantee from serving areas not covered under this section upon agreement with developers, property owners, or residents provided that franchise fees are paid to the city on those gross revenues.

(1)

A grantee, in its application, may propose a line extension policy which will result in serving more residents of the City of Cumberland than as required in this section, in which case the grantee's "line extension policy" shall be incorporated into a franchise agreement, and will be binding on the grantee.

(2)

A violation of this section shall be considered a breach of the terms of this chapter for which the provisions of section 5.5-36 or section 5.5-42 shall apply, as determined by the city.

(Ord. No. 3525, § 1, 5-17-05)