§ 90-235. Completion.

A final order of completion shall be issued by the board of directors of the cable television commission when: (i) construction of the cable television system has been completed within the entirety of each service area in compliance with construction standards set forth in subdivision I and the design and other requirements of the franchise documents; (ii) basic service and other services identified pursuant to the provisions of section 90-288 in subdivision III have been made available to 100 percent of the dwelling units within each service area; (iii) any and all studio facilities, equipment, channels and other services, resources or benefits required by the franchise documents have been completed and made available; (iv) any community use programming which the franchisee has proposed pursuant to the provisions of section 90-195 through 90-199 in subdivision I shall have commenced in compliance with the franchise documents; and (v) a notice of completion has been filed by the franchisee as hereinafter provided.

For purposes of section 90-231, above, and this section, basic service and other services identified pursuant to the provisions of section 90-288 in subdivision III shall be deemed to be made available when basic service (at rates and charges in amounts proposed within the application for the franchise and as permissibly adjusted pursuant to section 90-347 in subdivision IV, or if none are included in the application, at rates and charges in amounts customarily offered by the franchisee) and other services identified pursuant to the provisions of sections 90-288 and in subdivision III (at rates and charges in amounts customarily offered by the franchisee) are offered for immediate provision to the owner or legal representative of the owner empowered to consent to use of the property of such individual dwelling units.

For the purpose of determining compliance with the provisions of subparagraph "b" and "c" of section 90-231, above, the total number of dwelling units within each service area to which the percentages apply shall be deemed to be the numbers stated in the resolution offering the franchise. For the purpose of determining compliance with the provisions of subparagraph "d" of section 90-231, above, and of determining completion under this section, the total number of dwelling units within each service area shall be deemed to be the actual number of units available for occupancy as of a date 45 calendar days in advance of the date of filing by the franchisee of the notice of completion; provided that the franchisee files the notice of completion with a good faith belief that it has in fact achieved completion as of the date of filing. Otherwise, the total number shall be determined as of the date on which the board of directors of the cable television commission makes a final decision as to whether a final order of completion will be adopted.

A franchisee who asserts completion shall file a written notice of completion with the clerk of the board of directors of the commission. The notice of completion shall state the total number of dwelling units available for occupancy within each service area 45 calendar days in advance of the filing of the notice, the total number of dwelling units to which basic service and other services have been made available within each service area as of the date of filing, and shall otherwise certify completion as defined by the first paragraph in this section. Neither the notice of completion nor the statements, assertions or certifications contained therein shall be deemed to be binding upon the board of directors of the commission.

During the period of construction of the cable television system or during the 60-day period following filing of the notice of completion, all elements and components thereof, and all equipment and studio facilities required by the franchise documents shall be subject to inspection by the cable television commission, employees or authorized agents or representatives thereof, for the purpose of determining whether the system and related facilities comply with the franchise documents. The franchisee shall authorize such inspection and provide such information and cooperation as is required in order to permit an adequate investigation to determine the existence or nonexistence of such compliance.

(Ord. No. 97-12, § 2(5.50.416), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)