Spokane Municipal Code

Title 10 Regulation of Activities

Chapter 10.27A Cable Communications Code

Article III. Franchise Conditions

Section 10.27A.660 Delays in Construction

1. The following events shall take place upon failure by a franchisee to complete, in timely fashion, any system build-out, rebuild or update requirements set forth in a franchise:

1. 1. Reduction of the term of a franchise by one month for each entire month by which the construction was completed late.

1. 1. 1. This shall be measured with respect to the date construction was due to be completed; however, this provision shall not take effect until construction is six months overdue.

1. 2. If construction is more than twelve months overdue, forfeiture of the entire construction bond.

1. 3. If construction is more than eighteen months overdue, termination of a franchise.

2. If a franchise is delayed at any time in the progress of construction by:

1. 1. the failure of the appropriate public utility company or companies to diligently process pole attachment agreements or applications or to make such poles ready for attachment, or

1. 2. the failure of the City or other governmental authorities to diligently process applications for approval as may be required in connection with the construction of the cable system, or

1. 3. labor disputes,

1. 4. fire,

1. 5. unusual delays in transportation,

1. 6. inability of a franchisee to procure materials,

1. 7. act of God,

1. 8. war,

1. 9. riots,

1. 10. insurrection, or

1. 11. any causes beyond a franchisee’s control,

and which could not have been reasonably anticipated, then a franchisee shall be granted an extension of time to complete construction. If an extension is granted, subsection (A) of this section shall not apply for that period of time by which a franchisee was delayed by reason of events beyond its control.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)