2011/04/20 Council Agenda Packet

3.1.1 Initial Service Area: Franchisee shall offer Cable Service to significant numbers of Subscribers in residential areas of the Initial Service Area and may make Cable Service available to businesses in the Initial Service Area,within twelve(12)months of the Service Date of this Franchise, and shall offer Cable Service to all residential areas in the Initial Service Area within four(4)years of the Service Date of the Franchise,except: (A)for periods of Force Majeure; (B) for periods of delay caused by City; (C)for periods of delay resulting . from Franchisee's inability to obtain authority to access rights-of-way in the Service Area; (D) in areas where developments or buildings are subject to claimed exclusive arrangements with other providers; (E)in areas,developments or buildings where Franchisee cannot access under reasonable terms and conditions after good faith negotiation, as determined by Franchisee; (F)in developments or buildings that Franchisee is unable to provide Cable Service for technical reasons or which require non-standard facilities which are not available on a commercially reasonable basis;and(G)in areas where the occupied residential household density does not meet the density requirements set forth in Sub-section 3.1.2. 3.1.2 Density Requirement:Franchisee shall make Cable Services available to residential dwelling units in all areas of the Service Area where the average density is equal to or greater than 25 occupied residential dwelling units per mile as measured in strand footage from the nearest technically feasible point on the active FT1'Y Network trunk or feeder line. Should, through new construction, an area within the Initial Service Area meet the density requirements after the time stated for providing Cable Service as set forth in Subsections 3.1.1 and 3.1.2 respectively, Franchisee shall provide Cable Service to such area within twelve(12)months of receiving notice from the City that the density requirements have been met. 3.1.3 Additional Service Areas: Except for the Initial Service Area, Franchisee shall not be required to extend its Cable System or to provide Cable Services to any other areas within the Franchise Area during the term of this Franchise or any Renewals thereof. If Franchisee desires to add Additional Service Areas within the Franchise Area,Franchisee shall notify City in writing of such Additional Service Area at least ten(10)days prior to providing Cable Services in such areas. 3.2 Availability of Cable Service: Franchisee shall make Cable Service available to all residential dwelling units and may make Cable Service available to businesses within the Service Area in conformance with Section 3.1 and Franchisee shall not discriminate between or among any individuals in the availability of Cable Service. In the areas in which Franchisee shall provide Cable Service,Franchisee shall be required to connect, at Franchisee's expense, other than a standard installation charge,all residential dwelling units that are within one hundred twenty five(125) feet of trunk or feeder lines not otherwise already served by Franchisee's FTTP Network. Franchisee shall be allowed to recover,from a Subscriber that requests such connection,actual costs incurred for residential dwelling unit connections that exceed one hundred twenty five(125) feet and actual costs incurred to connect any non- residential dwelling unit Subscriber. 3.3 Free Cable Service: Subject to Section 3.1,Franchisee shall provide in the Service Area,without charge,one service outlet activated for Basic Service to City Hall,2930 Wetmore, Everett,Washington. Franchisee shall be entitled to recover the direct cost of installing, if requested to do so,more than one outlet, or concealed inside wiring, or a service EV ERETT 10 Seattle-338820.8 0010932-00119