§ 76-53. Installation deadline.

(a)

The grantee, within two years from the date of the receipt of all necessary permits and authorizations which are required in the conduct of its business including, but not limited to, microwave carrier licenses and any other permits, licenses, and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems or their associated microwave transmission facilities, shall extend its energized trunk cable to the entire residential area within the county; provided, however, that in any event, energized trunk cable shall be extended to the entire residential area within 30 months of the grant of a franchise. Residential area shall mean that contiguous area within the unincorporated area in North Fulton County and that contiguous area within the unincorporated area of South Fulton County delineated on a map on file with the county manager on the date on which a franchise is granted.

(b)

The following line extension provisions shall apply to the parts of unincorporated area of the county which are not within the residential area as herein defined:

(1)

Each year the county manager shall designate those areas adjacent to the residential area with at least 50 homes per mile of public way or easement as additions to the residential area, and the map on file with the county manager shall be revised to reflect these additions. The grantee shall extend its energized trunk cable to all these additional areas within one year of the completion of the initial system. Thereafter, the grantee shall extend its energized trunk cable to all additional areas within one year of their designation as part of the residential area.

(2)

The grantee, whenever it receives a request for aboveground service from at least eight subscribers within 1,320 feet of its trunk cable, or for underground service from at least 12 subscribers within 1,320 feet of its trunk cable, shall extend its system to these subscribers, provided that the extension is technically and physically feasible. The 1,320 feet shall be measured in extension length of the grantee's trunk cable required for service located within the public way or easement and shall not include length of necessary drop cable to any individual subscriber.

(3)

Service shall be provided to any other person or persons within the unincorporated areas of Fulton County if requested upon payment to the grantee by the person or persons of the costs of extension including, without limitation, costs of material, labor, and easements.

(c)

In the event that in any area of the county more than 150 feet of drop cable is necessary to connect a subscriber's home to the trunk cable, the grantee may charge the subscriber the actual cost of this extension over 150 feet.

(d)

In the event more than one franchise is granted covering the same area, and if the franchisees commence the installation of their lines within the same area, no franchisee shall be required to extend its lines down a street or road where another franchisee has already extended its lines.

(Code 1983, § 33-4-23)