§ 122.055 CONTINUITY OF SERVICE.
   (A)   Subject to applicable federal and state law, the company shall continue to provide cable service for a reasonable period of time not to exceed 24 months following the expiration of the term of the franchise or the effective date of any revocation or termination of the franchise.
   (B)   In the event of a change of franchisee, or in the event a new operator acquires the system, the company shall cooperate with the city, new franchisee or operator in maintaining continuity of service to all subscribers. During such period, the company shall be entitled to the revenues for any period during which it operates the system and shall be entitled to reasonable costs for its services when it no longer operates the system.
   (C)   In the event the company fails to operate the cable system for 72 consecutive hours without prior approval of the city or without just cause, the city may, at its option, operate the cable system or designate an operator until such time as the company restores cable services. If the city is required to fulfill this obligation for a company, the company shall reimburse the city for all reasonable costs or damages that are the result of the company’s failure to perform.
   (D)   During any period in which the company continues to provide service as provided in division (A) hereof, the company is entitled to all revenues collected, less any franchise fees or other monies owed to the city.
   (E)   During any period of time in which the company continues to provide service as provided in division (A), the city will assist and use its best efforts to assist the company in providing a satisfactory basis for the company to continue providing services under the franchise agreement; provided, however, that the company is not required during any such period to provide or continue to provide service if the revenues collected are less than the operating costs incurred by the company.
(Prior Code, § 122.055) (Ord. 2001-377, passed 11-13-2001)