§ 6-17. Stranding.

(a)

Strand-mile density.

(1)

Unless a more stringent standard is required under a franchise agreement, a franchisee shall be required to extend its distribution facilities and provide service to residential and non-residential subscribers in any area within the franchise territory where there exists twenty (20) dwelling units for each strand-mile of cable extension required or portion thereof where the ratio of twenty (20) dwelling units per strand-mile is maintained. In the case of an overbuild, the franchisee having the technically feasible distribution point closest to the unserved area meeting the above-referenced density requirements shall be responsible for providing service. The proximity of the headend shall be determined by measuring the distance of public rights of way and compatible easements which could be utilized for the facilities and equipment to provide service as identified by the county manager, or his or her designee.

(2)

The franchisee shall not be responsible for providing service in this area or meeting the density requirements herein or contained in the franchise agreement if:

a.

The franchisee is precluded by the property owner, instrument of record or contract from providing cable services or construction and installation of facilities and equipment;

b.

Another cable operator is providing such service; or

c.

A SMATV operator is providing cable service to the area.

(3)

Nothing herein shall preclude the franchisee from charging for the construction or installation of facilities and equipment to provide service to subscribers requesting such where the strand-mile density is less than that required, as set forth in subsection (a)(1) above, provided that when subscribers are added by utilizing the facilities and equipment for which the requesting subscribers were charged, the requesting subscribers shall be reimbursed based upon an equitable arrangement made at the time of the original extension for the requesting subscribers.

(b)

Waiver. Subject to review and approval by the board, the county manager may issue waivers to the strand-mile density requirements set forth in this section for good cause shown. Affected persons shall be given notice of the meeting of the board at which the matter of the waiver will be considered. Notice shall be by the posting of signs in the affected area. The signs shall be furnished by the franchisee in a form acceptable to the county manager, or his or her designee, and shall be posted by the county manager, or his or her designee.

(c)

Compliance with construction schedule. The franchisee shall comply with the construction schedules contained in its franchise agreement.

(d)

Construction progress reports required. The franchisee shall furnish the county with a quarterly construction progress report. The county may establish by rule or regulation a format for this report.

(e)

Geographical coverage. The franchisee shall design and construct the distribution plant in such a manner that when completed it will pass all single-family dwelling units, multiple-family dwelling units, and schools and properties owned and occupied by public entities or agencies within the area meeting the density requirements provided herein.

(f)

Stranding rebuilds. Except when linking the cable system together, the franchisee shall not strand poles in the areas where all facilities and equipment necessary to make service immediately available to subscribers are not in place and energized within four (4) months of the placing of strands. The complete facilities and equipment necessary to provide service shall be installed within four (4) months of the placing of strands. Stranding to prevent a competitor from serving an area shall be prohibited. The franchisee shall remove the old facilities and equipment no later than ninety (90) days after activation of the new facilities and equipment.

(Ord. No. 01-36, § 1, 10-1-01)