§ 19-55. Line extension policy.

An operator shall construct and extend its system pursuant to the following requirements:

(1)

Existing subdivision or other developed area. An operator shall construct and extend and make cable service available to every residential dwelling unit in any existing subdivision or other developed area within the city which is unserved by any operator when a minimum occupied density of 35 residential dwelling units per street mile or 20 residential dwelling units per cable mile is realized, as measured from the existing system.

(2)

Developing subdivision or other area. An operator shall extend and make cable service available to every residential dwelling unit in any platted phase of a developing subdivision or other area which is unserved by any operator when a minimum occupied density of 35 residential dwelling units per street mile or 20 residential dwelling units per cable mile is realized, according to the overall system extension design necessary to make service available to the platted phase, as measured from the existing system.

(3)

Nonresidential areas. An operator shall extend and make cable service available to every nonresidential building when the potential subscriber or subscribers at such nonresidential building agree to pay for the labor costs incurred and materials used in making the extension.

(4)

Isolated residents. An operator shall extend and make cable service available at the regular connection charge, regardless of the density requirements in this section, to any isolated resident requesting connection if the connection to the isolated resident requires no more than a standard 200 foot drop line.

(5)

Extensions from other systems. If there is an area within the city which is unserved by an operator, and that area does not meet the density requirements contained in this chapter, an operator shall extend cable service to those residents from other cable communications systems operated by the operator, if such extension is technically and economically feasible. In such case, requirements for public access (if any), educational access (if any), and the government channel (if any), shall be waived by the city. Furthermore, requirements relating to the physical and technical characteristics and capabilities of the extension, shall be controlled by the terms and conditions of the franchise granted by the jurisdiction from which the service is imported.

(6)

Assistance by city. In all cases, an operator may enlist the aid of the city to obtain plats from the city to determine density levels in unserved areas, the percent of residents committed to subscribe to the service once available, the boundaries between residential areas, or any other assistance which may facilitate extension and provision of cable service. Services which cannot be provided by employees of the city shall be obtained by the operator at its own expense.

(7)

Density per cable mile. For the purposes hereof, density per cable mile shall be computed by dividing the number of residential dwelling units in the area by the length, in miles or fractions of miles, of the total amount of aerial or underground cabling necessary to make service available to the residential dwelling units in the area in accordance with the design parameters of the cable communications system being constructed. The cable length shall be measured from the nearest point of access to the existing system, provided that such access is technically feasible, and located within the streets, other public property, private easements or rights-of-way. The total cable length shall exclude the drop cable necessary to serve individual subscriber premises.

(Ord. No. 930358, § 1(43.55), 8-25-94)