§ 7. Territorial area involved.  


Latest version.
  • This ordinance relates to the present territorial limits of the county.

    7-1. Grantee shall provide service to all persons requesting such within the county as long as it is economically feasible to do so. As used herein "economically feasible" or "economic feasibility," or terms of similar import, shall mean that there is an average of at least 28 occupied dwelling units per linear mile and shall be based upon a measurement taken from the outermost extremity of the potential extension area back through and measured along the shortest path of available streets, alleys, public rights-of-way and public places now laid out or dedicated for such and contained within such extension area, including any existing system contiguous thereto from which an extension may be made. In deriving the average dwelling units per linear mile, all occupied dwelling units within 15 linear miles or less shall be considered in determining the economic feasibility of any extension.

    7-2. The grantee shall extend its cable lines and equipment to any economically feasible area and commence providing cable service to subscribers in such area within six months of the time sufficient dwelling unit densities have been reached to satisfy the averages set forth in section 7-1 above.

    7-3. Grantee shall be entitled to recover from each person desiring to become a subscriber, whose home is contiguous to grantee's existing system, in those instances where the economically feasible requirements of section 7-1 of the [this] ordinance are not met, the direct, total cost of that portion of combined trunk and feeder line extension which exceeds 150 feet and shall be based upon a measurement taken from the outermost extremity of the line extension area back through and measured along the shortest path of available streets, alleys, public ways and public places now laid out or dedicated for such, inclusive of all limited-access and private easements, and including any existing system contiguous thereto from which an extension can be made. Each subscriber along the extension area shall share on a pro rata footage basis the direct total cost of constructing the line extension pursuant to the following payment plan, one-third thereof to be paid prior to grantee's ordering all required line extension materials, one-third thereof to be paid upon delivery of all required line extension materials and prior to grantee's commencing construction of the line extension and the final one-third thereof to be paid prior to the grantee's connecting each person to the system as a residential subscriber. Each person not initially contributing to the direct total cost of the line extension pursuant to the payment plan specified in this section or in the instance of each additional dwelling unit constructed and occupied along the line extension or in the instance of a dwelling unit in existence and not occupied at the time of construction of the line extension, shall prior to grantee's connecting such person to grantee's system as a residential subscriber, shall reimburse each person who made the initial payment pursuant to the payment plan specified in this section on a pro rata footage basis. Adoption of this ordinance shall not impose upon Cumberland County any obligation to pay or collect any of the aforementioned costs of extension or to enforce the payment terms hereinbefore set forth.

    7-4. To the extent permitted by law, in those instances where the economically feasible requirements of section 7-1 of the [this] ordinance are not met and a potential subscriber does not elect to pursue the option available in section 7-3 above, grantee shall provide to such subscriber the same services as provided to other subscribers at such reasonable rate as may be necessary to defray the costs of extending service to the subscriber over a reasonable period of time.

    7-5. Grantee shall install a CATV service drop line to residential subscribers of a home requesting such. The cost of the service line installation will be at the rate specified in grantee's prevailing schedule of installation charges.