§ 25.30. Construction Schedule and Reports.

A.

Upon accepting the Franchise, Grantee shall, within sixty (60) days, file the documents required to obtain all necessary federal, state and local licenses, permits and authorizations required for the conduct of its business, and shall submit monthly reports to the City on progress in this respect until all such documents are in hand. Failure of the Grantee to pursue all necessary steps to secure the aforementioned authorizations with due diligence shall constitute a substantial violation of this ordinance.

B.

The Grantee shall commence construction of the cable System within six (6) months after the date of the executed acceptance by the Grantee of its initial Franchise and shall complete construction of the System and offer and be capable of delivering Cable Service in full accordance with this ordinance and the Franchise granted hereunder to Subscribers in not less than thirty-three and one-third percent (33 1/3 %) of the occupied dwelling units in the service area within twelve (12) months after commencing construction or FCC approval, whichever is later, and shall be capable of delivering service to an additional thirty-three and one-third percent (33 1/3 %) of the occupied dwelling units in the service area in each succeeding twelve (12) month period thereafter, or such lesser periods as shall be specified in the Franchise Agreement. Failure of the Grantee to commence construction within six (6) months of the date of acceptance of the Franchise shall be grounds for revocation of the Franchise. For the purpose of this section, construction shall be deemed to have commenced when the first aerial stand cable has been attached to a pole, or the first underground trench has been opened.

C.

Notwithstanding anything provided herein, however, no Grantee shall be required to extend Cable Service to an area which is already served by another franchised Grantee. The areas already served by another franchised Grantee shall not be included in the calculation of the construction schedule provided in paragraph B above.

D.

The areas within the Franchise Area with a residential density of less than fifty (50) units per cable mile shall not be included in the calculation of the construction schedules provided in paragraph B above, unless the Grantee elects to serve such area.

E.

The Franchise applications shall include a timetable showing the percentage of occupied dwelling units and location within areas of the City currently without Cable Service that will be capable of receiving Cable Service each year of construction. Said timetable shall be incorporated into the Franchise and shall be enforceable as to the Grantee under the provision of this ordinance.

F.

Each Grantee shall fill all requests for Cable Service and installation, once facilities are in place, consistent with the foregoing schedule for service, within seven (7) business days after the date of each request. A record of all service requests shall be kept for at least one (1) year and shall be available for public inspection at the local office of the Grantee during regular office hours.

G.

Within three (3) months after accepting an initial Franchise, Grantee shall furnish the City a construction schedule and map setting forth target dates by areas for commencement of service to Subscribers. The schedule and map shall be updated whenever substantial changes become necessary or additional information is known.

H.

Every three (3) months after the start of construction, Grantee shall furnish the City a report on progress of construction until complete. The report shall include a map that clearly defines the areas wherein service is available.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)