§ 11 — Service

SECTION 11. - Service.

(a) Construction. Grantee has fully constructed an operational cable system currently serving the City. (b) Availability. Where technically and economically reasonable, Cable television service shall be available to all areas within the corporate limits of the City which have a minimum of thirty (30) dwelling units per street mile. (c) Extensions. No subscriber shall be refused service arbitrarily. However, for unusual circumstances, such as a subscriber's request to locate his cable drop underground, a distance of more than 150 feet from distribution cable or a density of less than 15 subscribers per 1,320 cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including the costs of material, labor and easements. For the purposes of determining the amount of capital contribution in aid of construction to be borne by Grantee and subscribers in the area in which service may be expanded, the Grantee will contribute an amount equal to the construction and costs per mile, multiples by a fraction whose numerator equals the number of residences per 1,320 cable-bearing strand feet of its trunks or distribution cable, and whose denominator equals 15 residences. Subscribers who request service hereunder will bear the remainder of the construction and other costs on a pro rata basis. The Grantee may require that the payment of the capital contribution in aid of construction borne by potential subscribers be paid in advance. (d) Additional Territory. In the event additional adjacent territory is incorporated within the City's limits, by annexation or otherwise, the Grantee's rights and duties under this Ordinance shall be deemed to include such additional territory. (e) New Developments. The City shall provide the Grantee with written notice of the issuance of building or development permits for planned commercial and/or residential developments within the service area requiring underground facilities. The City agrees as a condition of issuing the permit that the developer of the planned commercial or residential developments give the Grantee access to open trenches for deployment of cable facilities and notice of the date of availability of trenches. The developer shall be responsible for the digging and backfilling of all trenches. If a new development is not provided with trenching information by the City due to random error or because the developer does not release the information, the Grantee will hold the City harmless.