§ 8. Protected Areas for Applicant.  


Latest version.
  • If an applicant for as an initial franchise submits an application which in good faith specified a proposed service area (hereinafter "one hundred eighty-day service area") in which the applicant intends to provide cable service within one hundred eighty (180) days after the granting of a franchise and in which cable services are not actually being provided by an existing cable operator holding a franchise for such area, then all other cable operators with franchises encompassing the one hundred eighty-day service area shall be prohibited from extending cable service to the one hundred eighty-day service area for a period of one hundred eighty (180) days from the date of filing of the application. As used in this section, the term "actually being provided" means that cable service is actually available to subscribers to such extent that the only act remaining in order to provide cable service is the physical connection of the drop from the pole or pedestal to the dwelling as of fifteen (15) days prior to the filing of the application. Cable operators holding a franchise encompassing the one hundred eighty-day service area shall not be prohibited from extending their cable service to such area if, within ten (10) days from receipt of a copy of the application, the cable operator submits to the county administrator construction plans and schedules evidencing a pre-existing intent (i.e., before the filing of the application) to extend cable service into all or a portion of the one hundred eighty-day service area. The existing cable operator shall be permitted to extend cable service to the areas identified in and in accordance with [which] its construction plans and schedules are submitted.