§ 114.23  CONTINUITY OF CABLE SERVICE MANDATORY.
   (A)   It shall be the right of all subscribers to continue receiving cable service insofar as their financial and other obligations to the grantee are honored. This does not require the grantee to provide service to subscribers who are abusive to the employee of the grantee. If the grantee elects to overbuild, rebuild, modify or sell the cable system, or the city gives notice of intent to terminate or fails to renew this franchise, the grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted cable service regardless of the circumstances. For purposes of this section, “continuous and uninterrupted” does not include service interruptions and outages of cable service experienced by subscribers during the regular course of business.
   (B)   If there is a change of franchise, or if a new operator acquires the cable system, the grantee shall cooperate with the city, new franchisee or operator in maintaining continuity of cable service to all subscribers. During such period, the grantee shall be entitled to the revenues for any period during which it operates the cable system, and shall be entitled to reasonable costs for its services until it no longer operates the cable system.
   (C)   If the grantee fails to operate the cable system for 30 consecutive days 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 grantee restores service under conditions acceptable to the city or a permanent operator is selected. If the city is required to fulfill this obligation for the grantee, the grantee shall reimburse the city for all reasonable costs or damages in excess of revenues from the cable system received by the city that are the result of the grantee’s failure to perform.
(Ord. 1846, passed 12-7-98)