<div class="chunk-title">Sec. 25-44. - Service area and line extension policy.</div>
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            <p class="incr0">
               (a)
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               No grantee may discriminate in the build-out of its system to a particular area of
               the county in providing service to an individual or groups of residents on the basis
               of race, creed, religion or economic condition. Unless the franchise agreement provides
               otherwise, every grantee shall serve all areas of the county equally with populations
               of at least 15 residential dwelling units per cable mile as measured from a grantee's
               existing distribution system, including areas annexed subsequent to the grant of the
               franchise. The franchise agreement shall provide a schedule of the areas to be served,
               and the specific build-out requirements of the grantee, and shall also describe the
               process for extending service to areas that will meet minimum density requirements
               at some future date. Unless the franchise agreement provides otherwise, every grantee
               shall extend service to commercial areas at no additional cost where the cost to do
               so does not exceed the same cost of providing service in a residential area with a
               density of 15 homes per mile.
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            <p class="incr0">
               (b)
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               During the initial construction phase of a new system, a grantee may implement its
               system in stages pursuant to a schedule and line extension policy established in its
               franchise agreement that serves all areas of the county equally, provided that any
               deviation from the service and line extension requirements of this chapter do not
               discriminate between different areas of the county on the basis of race, creed, religion
               or economic condition. A grantee of any such new franchise shall comply with all customer
               service obligations with respect to customers whose premises are passed by portions
               of the grantee's network which are fully activated, tested and available for service.
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               (c)
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               <span class="ital">Cost-sharing.</span> In areas with less than 15 homes per proposed cable mile, grantee shall offer a cost-sharing
               arrangement to residents. Grantee shall bear its pro rata share of the current construction
               costs based upon the actual number of homes per mile. The cost-sharing arrangement
               shall consist of the following: On the request of a resident desiring service, grantee
               shall prepare, at its cost, an engineering survey and cost analysis to determine the
               cost of the plant extension required to provide service to the resident from the closest
               usable point on the cable system. The cost of construction shall be allocated based
               on the following formula: If a request for extension into a residential area requires
               the construction of cable plant which does not pass at least 15 homes per cable mile,
               a proportionate share of construction costs shall be borne by grantee and by the subscribers.
               For example, if there are ten dwelling units per mile, grantee's share will equal
               10/15ths of the construction cost. The remaining cost will be shared equally by each
               subscriber in the area to be constructed. The line extension formula shall also be
               applied to a portion of a cable mile meeting proportionate density requirements. For
               example, if there are seven dwelling units per one-half mile, the grantee shall construct
               the plant. The cost sharing described above would be utilized if there were less than
               the proportionate share of dwelling units per the portion of a mile needed to reach
               the dwelling units. Should additional subscribers request cable service, subscribers
               utilizing the cost-sharing plan for extension shall be reimbursed pro-rata for their
               contribution or a proportional share thereof. In such case, the pro-rata shares shall
               be recalculated and each new subscriber shall pay the new pro-rata share, and all
               prior subscribers shall receive refunds. In any event, at the end of 24 months from
               completion of the project, the subscribers are no longer eligible for refunds, and
               the amounts paid by subscribers will be credited to the plant account of the grantee.
               The average cost of the line extension shall be recalculated annually based upon the
               current costs of labor and material. Each subscriber contributing toward the direct
               cost of the line extension shall waive all ownership interest in the line extension.
               All equipment and components of the line extension, including, but not limited to,
               cable wire, electronics and pedestals shall at all times remain the exclusive property
               of the grantee.
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            <p class="historynote0">
               (Ord. of 9-6-05, Â§ 1; Amend. of 10-3-05, Â§ 4)
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