§ A156-13. Construction schedule.

A. 

The municipality, by its execution hereof, agrees and acknowledges that the primary service area as originally committed to in the initial franchise agreement has been constructed. Any requests for cable television service in areas outside the existing service area shall comply with the provisions of the line extension formula as follows:

(1) 

The system as presently constructed shall be considered the primary service area and service will be made available substantially throughout the entire area within 12 months of the grant of final operating authority and all licenses and permit.

(2) 

The municipality shall have the right to require the posting of a bond or other instrument in the amount of $1,000 payable to the municipality prior to the start of substantial construction. The company shall have the right to cancel the same on notification to the municipality that the construction project is completed and that all residents within the affected service area are capable of being served.

(3) 

The company shall be required to make future extensions of the system beyond the primary service area into areas of the community with a housing density of 35 homes per mile or greater.

(4) 

The company shall provide cable television service to any subscriber who demands service and who is located within 150 feet of aerial feeder cable, and the charge for the installation for any subscriber so situated will not be in excess of the installation charge specified in the franchise.

(5) 

In areas with fewer than 35 homes per mile, the company shall make future extensions of the system predicated upon demand by enough subscribers to guarantee the equivalent in basic monthly service income from 20 subscribers per mile of cable necessary to provide the service.

(6) 

The aid in construction for aerial and underground service in line extension areas shall be computed using the following formula:

	Where:
		C	=	The cost construction of the new plant.
		CA	=	The average cost of construction per mile in the primary service area.
		P	=	The lower of 35 or the average number of dwelling units per linear mile of cable in those areas where cable has been built without a contribution in aid of construction by subscribers and those areas the company is obligated to construct without a contribution in aid of construction.
		LE	=	The number of dwelling units requesting service in the line extension area.
		SC	=	The subscriber contribution in aid of construction in the line extension area.

(7) 

Whenever, subsequent to the date on which the company is obligated to provide service throughout the primary service area, a potential subscriber located in a line extension area requests service, the cable television company shall, within 30 days of the request, conduct a survey to determine the number of potential subscribers located in the line extension area and shall inform each of the potential subscribers of the contribution in aid of construction that may be charged. The cable television company may require prepayment of the contribution in aid of construction. The cable television company shall apply for pole attachment agreements within 30 days of its receipt of the contribution in aid of construction. Cable television services must be made available to those who made a contribution in aid of construction within 90 days from the receipt of pole attachment agreements by the cable television company.

B. 

On December 30, 1986, and thereafter, subscriber contribution to the company's construction for line extensions in the aforementioned area shall be determined in the sole discretion of the company; provided, however, that the rates for said contribution shall be reasonably related to the costs incurred by the company, taking into consideration, among other things, a reasonable return on investment determined by the company in providing said line extensions.