§ 30-30. 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 CATV system within the entire service area where the density is 35 homes per street or road mile, and shall thereafter equitably and reasonably extend energized cable to a substantial percentage of its franchise area each year. A substantial percentage is hereby determined to be 15 percent of the homes within the service area described in the franchise. Failure to accomplish said significant construction of the proposed CATV system within said 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 cable to at least 15 percent of its franchise area each year thereafter may result in cancellation of said franchise by the board as provided in this article. However, said 15 percent shall only apply to areas where the density is 35 homes per street or road mile or more.

(b)

In the event a franchisee has not completed construction and is not offering CATV service to at least 85 percent of the homes within the service area described in its franchise at the expiration of five years from the date of the issuance of said franchise, the board shall have the right to withdraw a portion of said service area in the interest of the public convenience and necessity. Said 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 administrator to inspect and verify performance.

(Ord. No. 88-90, § 5)