A franchisee shall construct and operate its system so as to provide service to all parts of its franchise area having a density of at least 20 residences per mile of system. In addition, all areas which reach such density at any time during the franchise term shall be provided service upon reaching the minimum density.
Except as federal law may otherwise require, and subject to the minimum density requirement specified in § 224-23 of this chapter, a franchisee shall, upon request, extend its trunk and distribution system to any subscriber located within 250 feet of a main distribution cable located in the public rights-of-way at its standard installation charge, unless the franchisee demonstrates to the Town's satisfaction that extraordinary circumstances exist; and extend its trunk and distribution system to any potential subscriber outside the two-hundred-fifty-foot limit, provided that the franchisee may charge the potential subscriber for the cost of the actual length of the installed drop, or the shortest distance to the point where the franchisee would be required to extend its distribution system, whichever is shorter, except where the franchisee has demonstrated to the Town's satisfaction that extraordinary circumstances exist. In areas where the minimum density requirement is not met, or where extraordinary circumstances exist, a franchisee shall, upon request, extend its cable system to a potential subscriber, provided that the subscriber shall pay the additional extension costs.
A. 
"Additional extension costs" as used in § 224-24 herein shall mean a subscriber's pro rata share of a franchisee's total construction costs at the actual density of affected potential subscribers, less the total construction costs that the franchisee would incur if it were extending its system to make service available to the same number of potential subscribers at a density of 20 residences per mile.
B. 
"Total construction costs" are defined for purposes of this § 224-25 as the actual turnkey cost to construct the entire extension, including electronics, pole make-ready charges and labor, but not the cost of the house drop.
A. 
It is the right of all subscribers in the franchise area to receive all available services from a franchisee, as those services become available, as long as their financial and other obligations to the franchisee are satisfied.
B. 
A franchisee shall ensure that all subscribers receive continuous uninterrupted service. At the Town's request, a franchisee shall, as trustee for its successor in interest, operate its system for a temporary period (the "transition period") following the termination, sale or transfer of its franchise as necessary to maintain service to subscribers and shall cooperate with the Town to assure an orderly transition from it to another franchisee.
C. 
During such transition period, a franchisee shall not sell any of the system assets, nor make any physical, material, administrative or operational change that would tend to reduce the quality of service to subscribers, decrease the system's income or materially increase expenses without the express permission, in writing, of the Town.
D. 
The Town may seek legal and/or equitable relief to enforce the provisions of this section.
E. 
The transition period shall be no longer than the reasonable period required to ensure that cable service will be available to subscribers and shall not be longer than 36 months, unless extended by the Town for good cause. During the transition period, a franchisee will continue to be obligated to comply with the terms and conditions of the agreement and applicable laws and regulations.
F. 
If a franchisee abandons its system during the franchise term, or fails to operate its system in accordance with the terms of its franchise agreement during any transition period, the Town, at its option, may operate the system, designate another entity to operate the system temporarily until the franchisee restores service under conditions acceptable to the Town or until the franchise is revoked and a new franchisee selected by the Town is providing service, or obtain an injunction requiring the franchisee to continue operations. If the Town is required to operate or designate another entity to operate the cable system, the franchisee shall reimburse the Town or its designee for all reasonable costs and damages incurred that are in excess of the revenues from the cable system.
G. 
A franchisee shall forfeit its rights to notice and hearing, and the Council may by resolution declare its franchise immediately terminated, in addition to any other relief or remedies it may have under its franchise agreement, this chapter or other applicable law, if:
(1) 
The franchisee fails to provide cable service in accordance with its franchise over a substantial portion of the franchise area for 96 consecutive hours, unless the Town authorizes a longer interruption of service or the failure is due to force majeure as characterized in its franchise agreement; or
(2) 
The franchisee, for any period, willfully and without cause refuses to provide cable service in accordance with its franchise over a substantial portion of the franchise area.