§ A291-10. System construction and extension.

A. 

The grantee is hereby authorized to extend the system within the franchise area to the extent that such extension is or may become technically and economically feasible.

B. 

Whenever the grantee shall have received written requests for service from at least 15 subscribers within 400 cable meters (1,300 cable feet) of its aerial trunk cable or from at least 25 subscribers within 400 cable meters (1,300 cable feet) of its underground trunk cable, it shall extend its system to such subscribers solely for the usual connection and service fees for all subscribers. The 400 meters shall be measured in extension length of the grantee's cable required for service located within the public way or easement and shall not include length of necessary drop cable to the subscriber's home or premises.

C. 

No person in the grantee's franchise area shall be arbitrarily refused service; but in recognition of the capital costs involved in unusual circumstances, including, without limitation, instances when the distance from distribution cable to connection of service to subscribers is more than 45 meters (150 cable feet) or when subscriber density exists less than the density as specified hereinabove, service may be made available on the basis of costs of materials, labor and easements, in order to prevent inequitable burdens on cable subscribers in more densely populated areas.

D. 

Underground service.

(1) 

For all residential structures hereinafter erected which are to be serviced by underground utilities, the developer of the subdivision or development may acquire cable television service for such development under an agreement negotiated between the grantee and such developer. The grantee will, with due diligence and in a businesslike manner, seek to finalize satisfactory cable television service agreements with developers who do future construction within the Borough. However, absent such agreement(s), the grantee shall have no obligation to serve such areas. Circumstances shall be timely reported to the Borough.

(2) 

In addition, the grantee may provide plans and specifications to the developer in accordance with any such agreement between the grantee and the developer, but such plans and specifications, if agreed to by the grantee and the developer, must then be submitted to the Borough who shall have the right of review, and Borough approval of the plans and specifications shall be obtained before installation. Unreasonable delay in Borough approval or untimely Borough approval caused by Borough failure or inability to act, shall also free the grantee of any obligation to provide service. Timeliness is a response time of 60 days after receipt by the Borough.

(3) 

In those areas of the franchise area where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, the grantee likewise shall construct, operate and maintain all of its transmission and distribution facilities underground, provided that such facilities are actually capable of receiving the grantee's cable and other equipment without technical degradation of the cable television system's signal quality. In those areas of the franchise area where the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are both aerial and underground, the grantee shall construct, operate and maintain all of its transmission and distribution facilities or any part thereof underground. Nothing contained in this section shall require the grantee to construct, operate and maintain underground any ground-mounted appurtenances such as subscriber taps, line extenders, system passive devices (splitters, directional couplers), amplifiers, power supplies, pedestals or other related equipment. Notwithstanding anything to the contrary contained in this section, in the event that all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are placed underground after the effective date of this agreement, the grantee shall be required to construct, operate and maintain all of its transmission and distribution facilities underground (excepting vaults). The grantee shall restore the property to its condition immediately prior to construction, repair and maintenance within 10 working days of completing said construction, repair and maintenance.