§ 90-232. Isolated dwelling exception.  


Latest version.
  • For purposes of determining compliance with the provisions of subparagraph "d" of section 90-231, above, and of section 90-235, below, and notwithstanding any other provision of this article, a franchisee shall be excused from making basic service and such other services available to a particular dwelling unit within a service area if that dwelling unit is situated at least 500 feet from another dwelling unit and making service available to the dwelling unit would require an aerial or underground extension of cable in excess of 500 feet from an otherwise existing aerial or underground trunk cable. The sole purpose of this exception is to relieve a franchisee from providing service to an isolated dwelling unit within a service area under circumstances wherein extension of the system would constitute an excessive burden, and occupants of only one dwelling unit within the area would be deprived of services as a result of the relief.

    A franchisee shall not be entitled to relief under this section unless it shows that it would not have been reasonable to have located cable in such a manner as to be within the distance limitation prescribed by this section.

(Ord. No. 97-12, § 2(5.50.412), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)