§ 1-10-179. Construction schedules; timetables; initial performance guaranty.

(a)

In the event the operation of any part of a cable television system is discontinued for a continuous period of twelve (12) months, the franchised cable operator shall promptly, upon being given forty-five (45) days' notice, remove from the streets or public places all of the property and poles of such system. Any property which the franchised cable operator allows to remain in place sixty (60) days after having been notified by the county that it must be removed shall be considered permanently abandoned and shall become the property of the county subject to the provisions of any utility joint use attachment agreement.

(b)

Upon the failure of the franchised cable operator to satisfactorily complete the work upon the public streets as may be required by law or the terms of its franchise within the time prescribed, the county at its option may cause such work to be done, and the franchised cable operator shall pay to the county the cost thereof within thirty (30) days after receipt of an itemized report.

(c)

The franchised cable operator shall be required to extend service to areas within its franchise area in which there are more than thirty-five (35) permanently occupied dwelling units per street mile, beginning at the boundary of the existing service area. If the franchised cable operator chooses to install energized or unenergized cable to a developing area which does not meet the criteria set forth above, the cost of trenching and backfilling to accommodate trunk, feeder or service drop lines or conduits to provide service to such developing areas may, by agreement, be borne by the developer. This paragraph shall not be construed as to require an operator to extend service to any area being furnished service by another operator.

(Ord. No. 97-023, § 1, 4-22-97)