Continuity of service mandatory

(a)

It is the right of all subscribers to receive all available services requested from the licensee as long as all financial and other obligations to the licensee are satisfied.

(b)

In the event of a termination or transfer of a license for whatever reason, the licensee shall ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. The licensee shall cooperate with the city to operate the system for a temporary period following termination or transfer as necessary to maintain continuity of service to all subscribers. The temporary period shall not exceed 12 months without the written consent of the licensee. During such period the cable system shall be operated under such terms and conditions as the city and the licensee may agree, or such other terms and conditions that shall continue, to the extent possible, the same level of service to subscribers and provide reasonable compensation to the cable operator.

(c)

In the event a licensee fails to operate the system for seven consecutive calendar days without prior approval of the city or without just cause, the city may, at its option, operate the system or designate an operator until such time as the licensee restores service under conditions acceptable to the city or until a permanent operator is selected. If the city is required to fulfill this obligation for the licensee, the licensee shall reimburse the city for all costs or damages resulting from the failure of the licensee to perform, including city's costs for city staff, consultants and other professionals necessary to continue operation of the system. Additionally, the licensee shall cooperate with the city to allow city employees and/or city agents free access to the facilities and premises of the licensee for purposes of the licensee of continuing system operation. To the extent that revenues are collected as a result of operation of the system under this subsection, the city shall have the right to collect license fees on such revenues subject to the terms and conditions of this chapter.

(Ord. No. 11936, § 3, 6-8-00)