Line Extension. A Franchisee shall construct and operate its Cable System so as to provide service to all parts of its franchise area as provided in the Franchise Agreement and having a density of at least fifteen (15) residential dwelling units per street half-mile of System. In addition, all areas which reach such density at any time during the franchise term shall be provided service upon reaching the minimum density. Subject to the above-described minimum density, any residential dwelling unit located within one hundred fifty (150) feet of the nearest Tap on a Franchisee’s System shall be connected to the Cable System at no charge other than the standard installation charge. The Franchisee shall, upon request by any potential Subscriber residing in the City Beyond the one hundred fifty (150) foot limit, extend service to such Subscriber, provided that the Subscriber shall pay the net additional extension costs. All measurements shall be made in a manner most favorable to the Person requestion service. 1. Where the density is less than that specified in subsection B., the Franchisee shall inform Persons requesting service of the possibility of paying for installation of a line extension and shall offer to provide them with a free written estimate of the cost, which shall be provided within fifteen (15) working days of such a request. The charge for installation or extension for each Person requesting service shall not exceed a pro rata share of the actual cost of extending the service. If, for example, the density in an area were three (3) residential units per half mile, Franchisee would pay one-fifth of the costs of the extension and Persons agreeing to take service would pay the remaining four-fifths. 2. Any residential dwelling unit located within one hundred fifty (150) feet of the closer of the nearest Tap on a Franchisee’s System shall be connected to the Cable System at no charge other than the standard installation charge (plus extension charges, if any, that would apply under subsection B). 3. Under Normal Operating Conditions, if Franchisee cannot perform installations within the times specified in applicable Customer standards, the Subscriber may request and is entitled to receive a credit equal to the charge for a standard installation or the applicable promotional rate in effect. For any installation that is not a free installation or a standard installation, the Franchisee shall provide the Subscriber with a written estimate of all charges within seven (7) days of a request by the Subscriber. Failure to comply shall subject Franchisee to appropriate enforcement actions. This Section does not apply to the introduction of new products and services when Franchisee is utilizing a phased introduction. 4. In all cases where new developments and subdivisions are to be constructed to be served in whole or in part by underground power and telephone utilities, the owner or developer of such areas shall provide reasonable notice to the Franchisee of the availability of trenches, backfill and specifications of all necessary substructures in order that the Franchisee may install all necessary electronic cable facilities. In no event shall such undgrounding be at any cost or expense to the City. 5. Subject to the other provisions of this Section, Cable Service shall be made available upon request to all individual residential dwellings, condominiums, cooperative buildings, townhouses, institutions, organizations, businesses and all other structures within the designated franchise area. 6. Nothing in this section shall prohibit a Person from requiring that Cable System facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of Persons and property. 7. Nothing in this Section shall prohibit a Person from requiring the Franchisee to agree to indemnify or compensate the owner for damages or from liability for damages caused by the installation, operation, maintenance or removal of System facilities by the Franchisee.
Appears in 1 contract
Sources: Business Regulations
Line Extension. A Franchisee (a) Grantee shall construct and operate its Cable System so as to provide service to all parts of its franchise area as provided in Cable Service within the Franchise Agreement and having Area where there exists a density equivalent of seven (7) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest active plant of the Cable System if the extension is to be constructed using aerial plant, and nine (9) dwelling units per one- quarter (1/4) mile of feeder cable as measured from the nearest active plant if the extension is to be constructed using underground plant. The Member Cities, for their part, shall require developers and utility companies to provide the Grantee with at least fifteen (15) residential dwelling units per street half-mile Days advance notice of System. In addition, all areas which reach such density at any time during an available open trench for the franchise term shall be provided service upon reaching the minimum density. Subject to the above-described minimum density, any residential dwelling unit located within one hundred fifty (150) feet placement of the nearest Tap on a Franchisee’s System shall be connected to the Cable System at no charge other than the standard installation charge. The Franchisee shall, upon request by any potential Subscriber residing in the City Beyond the one hundred fifty (150) foot limit, extend service to such Subscriber, provided that the Subscriber shall pay the net additional extension costs. All measurements shall be made in a manner most favorable to the Person requestion servicenecessary cable.
1. (b) Where the density is less than that specified in subsection B.above, the Franchisee Grantee shall inform Persons requesting service of the possibility of paying for installation of or a line extension and shall offer to provide them with a free written estimate of the cost, which shall be provided within fifteen (15) working days Days of such a request. The charge for installation Grantee may offer the Persons requesting Service the opportunity to “prepay” some or extension for each Person requesting service shall not exceed a pro rata share all of the actual cost of extending necessary line extensions according to its regular business policies. Grantee shall at all times implement such line extension policy in a nondiscriminatory manner throughout the service. If, for example, the density in an area were three (3) residential units per half mile, Franchisee would pay one-fifth of the costs of the extension and Persons agreeing to take service would pay the remaining four-fifthsMember Cities.
2. (c) Any residential dwelling unit located within one one-hundred fifty twenty-five (150125) feet of the closer of from the nearest Tap point of access on a Franchisee’s the Street from which the Cable System is designed to serve the site shall be connected to the Cable System at no charge other than the standard installation charge charge. Grantee shall, upon request by any potential Subscriber residing in Member Cities beyond the one hundred twenty-five (plus extension charges125) foot limit, if anyextend service to such Subscriber provided that the Subscriber shall pay the net additional Drop costs, unless the Grantee agrees to waive said costs. To the extent consistent with Applicable Laws, ▇▇▇▇▇▇▇ agrees that would apply under subsection B)it shall impose installation costs for non-standard installations in a uniform and nondiscriminatory manner throughout the Member Cities.
3(d) Grantee shall not be subject to the above provisions within Section 7.6 until the first date by which Grantee is the dominant franchised cable operator within a Member City. Under Normal Operating Conditions, if Franchisee cannot perform installations within the times specified in applicable Customer standardsAt that time, the Subscriber may request and is entitled Grantee will be obligated to receive a credit equal to provide Cable Service with the charge for a standard installation same requirements above or similar requirements that are technically feasible at the applicable promotional rate in effecttime the obligation becomes effective. For any installation that is not a free installation or a standard installation, the Franchisee shall provide the Subscriber with a written estimate of all charges within seven (7) days of a request by the Subscriber. Failure to comply shall subject Franchisee to appropriate enforcement actions. This Section does not apply to the introduction of new products and services when Franchisee is utilizing a phased introduction.
4. In all cases where new developments and subdivisions are to be constructed to be served in whole or in part by underground power and telephone utilities, the owner or developer of such areas shall provide reasonable notice to the Franchisee of the availability of trenches, backfill and specifications of all necessary substructures in order that the Franchisee may install all necessary electronic cable facilities. In no event shall such undgrounding be at any cost or expense to the City.
5. Subject to the other provisions of this Section, Cable Service the dominant franchised cable operator shall be made available upon request to all individual residential dwellings, condominiums, cooperative buildings, townhouses, institutions, organizations, businesses and all other structures within defined as the designated franchise areafranchised cable operator with the most cable subscribers in the Member City.
6. Nothing in this section shall prohibit a Person from requiring that Cable System facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of Persons and property.
7. Nothing in this Section shall prohibit a Person from requiring the Franchisee to agree to indemnify or compensate the owner for damages or from liability for damages caused by the installation, operation, maintenance or removal of System facilities by the Franchisee.
Appears in 1 contract
Sources: Franchise Agreement
Line Extension. A Franchisee shall construct and operate its Cable System so as to provide service Cable Service to all parts of its franchise area as provided in the Franchise Agreement franchise agreement and having a density of at least fifteen (15) residential dwelling units per street halfone-half (1/2) mile of SystemCable System or where eight (8) residential dwelling units per street one-half (1/2) mile agree to subscribe to Cable Service for at least one (1) year. In addition, all areas which reach such density at any time during the franchise term shall be provided service Cable Service upon reaching the minimum density. Subject to the above-described minimum density, any residential dwelling unit located within one one-hundred fifty (150) feet of the nearest Tap tap on a Franchisee’s Cable System shall be connected to the Cable System at no charge other than the standard installation charge. The Franchisee shall, upon request by any potential Subscriber residing in the City Beyond the one hundred fifty (150) foot limit, extend service to such Subscriber, provided that the Subscriber shall pay the net additional extension costs. All measurements shall be made in a manner most favorable to the Person requestion service.
1. (a) Where the density is less than that specified in subsection B.above, the Franchisee shall inform Persons requesting service Cable Service of the possibility of paying for installation of or a line extension and shall offer to provide them with a free written estimate of the cost, which shall be provided within fifteen (15) working days of such a request. The charge for installation or extension for each Person requesting service Cable Service shall not exceed a pro rata share of the actual cost of extending the serviceCable Service. If, for example, the density in an area were three (3) residential units per one-half (1/2) mile, Franchisee would pay one-fifth (1/5) of the costs of the extension and Persons agreeing to take service Cable Service would pay the remaining four-fifthsfifths (4/5).
2. Any residential dwelling unit located within (b) The Franchisee shall, upon request by any potential Subscriber residing in the City beyond the one hundred fifty (150) feet of foot limit, extend Cable Service to such Subscriber provided that the closer of Subscriber shall pay the nearest Tap on a Franchisee’s System shall be connected to the Cable System at no charge other than the standard installation charge (plus net additional extension charges, if any, that would apply under subsection B)costs.
3. (c) Under Normal Operating Conditions, if Franchisee cannot perform installations within the times specified in applicable Customer customer standards, the Subscriber may request and is entitled to receive a credit equal to the charge for a standard installation or the applicable promotional rate in effectinstallation. For any installation that is not a free installation or a standard installation, the Franchisee shall provide the Subscriber with a written estimate of all charges within seven (7) days of a request by the Subscriber. Failure to comply shall will subject Franchisee to appropriate enforcement actions. This Section section does not apply to the introduction of new products and services when Franchisee is utilizing a phased introduction.
4. (d) In all cases where new developments and subdivisions are to be constructed to be served in whole or in part by underground power and telephone utilities, the owner or developer of such areas shall provide reasonable notice to the Franchisee of the availability of trenches, backfill and specifications of all necessary substructures in order that the Franchisee may install all necessary electronic cable facilities. In no event shall such undgrounding undergrounding be at any cost or expense to the City.
5. (e) Subject to the other provisions of this SectionSection 17.11, Cable Service shall be made available upon request to all individual residential dwellings, condominiums, cooperative buildings, townhouses, institutions, organizations, businesses and all other structures dwelling units within the designated franchise area.
6. (f) Nothing in this section shall prohibit a Person from requiring that Cable System facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of Persons persons and property.
7. (g) Nothing in this Section section shall prohibit a Person from requiring the Franchisee to agree to indemnify or compensate the owner for damages or from liability for damages caused by the installation, operation, maintenance or removal of System system facilities by the Franchisee.
Appears in 1 contract