§ 30-7. Initial performance guarantee.

(a)

Within one year from the date of issuance of an original franchise or the extension of a service area, the franchisee shall accomplish construction of 25 percent of the proposed system within the service area where the density is 30 homes per trunk cable mile, and shall thereafter equitably and reasonably extend energized trunk cable to a substantial percentage of its franchise area each year. A substantial percentage is hereby determined to be six percent of the homes within the service area described in the franchise. Failure to accomplish such significant construction of the proposed system within the service area within a period of one year from the date of issuance of an original franchise or the extension of a service area or failure to equitably extend energized trunk cable to at least six percent of its franchise area each year thereafter may result in cancellation of the franchise by the board as provided in this chapter. However, such six percent shall only apply to areas where the density is 30 homes per cable mile.

(b)

If a franchisee has not completed construction and is not offering service to at least 75 percent of the homes within the service area described in its franchise at the expiration of eight years from the date of the issuance of the franchise, the board shall have the right to withdraw a portion of the service area in the interest of the public convenience and necessity. Such action shall be taken only after a public hearing established by the board for the purpose of allowing the franchisee to show cause why such action should not be taken.

(c)

It shall be the responsibility of the public works director to inspect and verify performance.

(Code 1979, § 7-105; Ord. No. 98-45, § 7, 8-18-98)