§ 71-112. System expansion.

(a)

System expansion, isolated subscribers.

(1)

A grantee shall extend cable television services to any isolated residence located within the area of the grantee's franchise at the standard rate if:

a.

The resident requests the service extension, and

b.

The service connection to the isolated residence would require no more than a standard 125 foot drop line.

(2)

A grantee shall extend cable television services to any isolated residence requiring more than a standard 125 foot drop line at a premium installation rate if such service has been requested by the resident. The premium installation rate charged shall be the actual cost for the installation less the cost of installing a subscriber by means of a standard 125 foot drop line. A grantee may require advance payment for such installation. A grantee's installation charges and rates inside the city shall at no time be greater than the rates to be charged outside the city in West Orange County.

(b)

System expansion new or existing developments—Overhead cable construction.

(1)

A grantee shall extend its distribution facilities and cable television services to any area within the area of its franchise where there exists 20 dwelling units which have received a certificate of occupancy from the city for each strand mile of cable extension required or portion thereof. A grantee shall have six months from the issuance of the certificates of occupancy for new dwelling units to substantially complete construction and provide service to the new dwelling units. Notwithstanding the preceding provisions of this subsection (1), a grantee's obligation to extend its distribution facilities and cable television services is contingent upon at least 20 residences or group of residences to be serviced for each strand mile of cable extension required having requested service in writing who meet the requirements for new subscribers provided in subsection (c) hereof.

(2)

Any development or group of residences not meeting any or all of the above requirements may be served at a grantee's discretion.

(3)

It shall be the responsibility of a grantee to obtain written permits and approvals from the city and all other governmental agencies and easement holders prior to beginning any installation. it shall be the responsibility of the grantee to coordinate the proposed installation with all governmental agencies, easement holders and beneficiaries, and any persons holding an interest in the property where the installation is proposed. It shall be the responsibility of a grantee to determine any conflicts of its proposed installation with the facilities and equipment of easement holders or beneficiaries.

(4)

Within 30 days of the completion of any non-drop line installation in public or private easements, a grantee shall furnish to the city engineer a set of as-built plans and maps of the installation.

(c)

Credit status of new subscribers.

(1)

Notwithstanding anything to the contrary contained herein, a grantee may refuse to provide service to anyone who does not commit in writing to subscribe for at least a one-year period to the basic cable service offered by the grantee. In cases where, in a grantee's reasonable judgment, after conducting a reasonable inquiry with respect thereto, the credit standing of the prospective subscriber is poor, a grantee may require a non-refundable deposit equal to one year's service charge for basic cable television service, which deposit shall be applied against the service provided during the first year.

(2)

In addition to the non-refundable deposit for one year's service set forth in the preceding subsection (1) (or at a grantee's discretion, as an alternative thereto), a grantee may require a deposit from each subscriber whose service requires the use of subscriber terminal equipment ("the equipment deposit"). The amount of the equipment deposit shall not exceed the cost to grantee of purchasing new subscriber terminal equipment of similar kind and description to that used by it in providing such service plus the cost of installing same. The equipment deposit shall be refundable upon the termination of service provided that the subscriber shall have returned the subscriber terminal equipment to a grantee in as good a condition as it was when it was installed in subscriber's home, reasonable wear and tear excluded, and upon the payment to the grantee by subscriber of all amounts due and owing to the grantee for services rendered as of the date of termination of service. A grantee shall have the right to waive the requirement for such a deposit for existing subscribers or for new subscribers who have demonstrated their credit worthiness to grantee in accordance with grantee's standards for determining same applied on a nondiscriminatory basis.

(Ord. No. 02-03, Art. IV(12), 2-28-02)