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(1) The Council/franchising authority recognizes that one of its primary purposes in the franchising process is to improve competition in the MCS marketplace The Council/ franchising authority is also cognizant that an MCS provider may have some constitutionally protected rights with respect to when and what areas are provided service.

(2) In order to balance those interests, the Council/franchising authority may set the minimum guidelines for any system expansion on the part of a franchised MCS provider.

(3) A franchised cable operator is authorized to extend the cable system as necessary, as desirable, or as required pursuant to the terms of the franchise agreement within the service area; provided, however, that the MCS provider shall not cut any street nor place any new poles, mains, cables, structures, pipes, conduits, or wires on, over, under, or within any City rights-of-way, park, pleasure ground, or other recreational area currently existing or developed in the future without a first obtaining the appropriate permit from the City.

(4) A franchise cable operator shall not place any of its facilities on any pole or in any conduit of the City electric system or in any other way attach to or co-locate at City electric facilities without first entering into a written pole attachment or joint facilities agreement with the City and agreeing to pay a separate pole attachment or joint facilities fee for use of the City’s poles, conduit or other facilities.

(5) A franchised MCS provider shall submit, at least once every twelve (12) months, plans for any multi-channel system expansion. Such plan should not be construed as a requirement for universal service, but rather as a means for achieving the Council/franchising authority’s goals, mentioned in Subsection (1) of this Section.

(6) The plan shall include criteria for any planned expansion which may extend the provision of service to isolated subscribers; extend the provision of service to new or existing developments with overhead cable construction; and include new or existing developments with underground cable construction.

(7) For purposes of this Section, “isolated subscribers” means any potential customer of a franchised MCS provider who dwells in a house more than one-half (1/2) mile from the nearest franchised MCS provider connection.

(8) In the course of system expansion, a franchised MCS provider is entitled to apportion costs to the person(s) requesting and being provided with multi-channel service.

(9) Notwithstanding Subsection (7) whenever the cable operator shall receive a request for service from at least fifteen (15) subscribers within one thousand three hundred twenty (1,320) cable-bearing strand feet (one-quarter cable mile) of its trunk or distribution cable, it shall extend its cable system to such subscribers at no cost to said subscribers for system extension, other than the usual connection fees for all subscribers; provided that such extension is technically feasible. Such extension of service shall be done within a reasonable amount of time from the receipt of the request for expansion.

(10) No subscriber shall be refused service arbitrarily. However, for unusual circumstances, such as a subscriber’s request to locate the subscriber’s cable drop underground, existence of more than two-hundred (200) feet of distance from distribution cable to connection of service to subscribers, or a density of less than fifteen (15) subscribers per one thousand three hundred twenty (1,320) cable-bearing strand feet of trunk or distribution cable, cable service or other service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor, and easements. For the purpose of determining the amount of capital contribution in aid of construction to be borne by cable operator and subscribers in the area in which cable service may be expanded, the cable operator shall contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of potential subscribers per one thousand three hundred twenty (1,320) cable-bearing strand feet of its trunks or distribution cable, and whose denominator equals fifteen (15) subscribers. Potential subscribers shall bear the remainder of the construction and other costs on a pro rata basis. The cable operator may require that the payment of the capital contribution in aid of construction borne by such potential subscribers be paid in advance. Within sixty (60) days of receipt of a potential subscriber’s funds, construction shall commence. In such cases, construction shall be completed no more than one hundred eighty (180) days from the receipt of said funds by the cable operator.

(Enacted 1990-55, Am 2002-29, Am 2006-45)