Sec.16-333-13. Minimum construction and extension requirements

(a) Definitions:

(1) Franchise holder as used in this section means any CATV operator authorized to do business by the Public Utilities Control Authority.

(2) Primary franchise area used in this section means a single, contiguous area within the franchised territory, the outer limits of which shall be as near as possible to 80 residential dwelling units per mile of street or highway, and which shall have been selected by the franchise holder and approved by the DPUC.

(3) Residential dwelling unit (R.D.U.) as used in this section means any habitation used by a person or family unit as a primary place of abode on a year-round basis.

(4) Prospective subscriber as used in this section means any owner or occupier of a residential dwelling unit or commercial establishment who has agreed to purchase CATV service in accordance with the franchise holder's filed and approved tariffs.

(5) Aerial plan as used in this section means CATV cable and equipment other than individual service cable placed above ground on public service company poles or other supporting structures, aerial plant miles shall include any direct line distance spanned by microwave.

(6) Underground plant as used in this section means CATV cable and equipment other than individual service cable, placed in trenches.

(b) Mandatory construction:

(1) Each franchise holder shall, within six months of award of a certificate of public convenience and necessity (franchise) or within six months of the effective date of these regulations, whichever is later, commence construction of the CATV system unless a longer period of time is deemed reasonable by the DPUC.

(2) Each franchise holder shall, within one year of commencing construction, complete construction of energized trunk and feeder throughout the primary franchise area, without regard to aerial or underground plant.

(c) Obligation to extend:

(1) Each franchise holder shall, within one year of completion of the required construction in the primary franchise area, complete construction of energized trunk and feeder to all areas where there are at least 70 R.D.U.'s per aerial plant mile of extension, at no charge to subscribers.

(2) Each franchise holder shall, upon completion of the construction required in c. 1. above, extend energized trunk and feeder, at no charge, to all areas within the franchise territory where there are at least: 1) 25 prospective subscribers per aerial plant mile exension or 2) 50 prospective subscribers per underground plant mile of extension. The construction required by this section shall be completed at a rate specified in the company's tariffs, filed pursuant to subsection (d) of these regulations and approved by the DPUC.

(d) Tariffs:

(1) Each franchise holder shall, within 30 days of the effective date of these regulations, or within 30 days of award of a certificate of public convenience and necessity, whichever is later, file proposed tariffs or tariff revisions which shall specify the obligation of the franchise holder regarding service to all areas where such service is not provided for in these regulations.

(2) All tariffs and tariff revisions are subject to approval by the DPUC.

(3) These revised regulations shall not affect any application for a CATV franchise currently filed before the DPUC as of the effective date of these regulations, but shall apply to any certificate subsequently awarded.

(Effective September 4, 1980)