§ 138-60. Service area.

A. 

Any franchisee, or other MCS provider, shall make service available to all residences, dwellings, businesses or establishments on all public streets and roads throughout the Town. There shall not at any time, after completion of the initial construction of the system, be any residence, dwelling, business or establishment situated on or adjacent to any public street or road that is not capable of receiving multichannel service without the need for a line extension, as the term "line extension" is defined in § 138-4 of this chapter. The primary test for exception to the requirements of this section shall be a test of commercial impracticability, as defined under the federal Uniform Commercial Code.

B. 

If the Town increases the required service area by adding or incorporating additional land areas, through annexation or any other lawful means, the franchisee or other MCS provider shall extend multichannel service to the new locations within 180 days of a written request from Town, at no cost to the Town.

C. 

Notwithstanding Subsection A of this section, the cost for any line extensions, if permitted to be passed through to subscribers incrementally, shall not be apportioned only to those subscribers served by the instant line extension, but shall be apportioned among all subscribers in the Town.

D. 

Any applicant for an initial franchise, other agreement, license or permit, or the renewal of such, shall submit to the Town a plan to provide service to all domiciles and businesses in the Town as a part of the application, request or proposal. Such plan shall be subject to the approval of the Town.

E. 

Further, while such approval may not unreasonably be withheld, any plan for community-wide or universal service requiring more than one year from the start of construction, rebuild or upgrade, or the request for renewal of a franchise, other agreement, license or permit, must be accompanied by a detailed explanation of the reasons for the needed additional time, as well as a date specific by which service is proposed to be available throughout the community.