(a) A cable operator or franchisee shall not abandon, withdraw or cease to provide cable service to all or part of the City without the prior written consent of Council. Such written consent not be unreasonably withheld. Moreover, if such written consent is withheld, then the City must state its reasons, in writing, and must take whatever steps are necessary to minimize the potential burden to the cable operator or franchisee.
(b) At any time a cable operator or franchisee decides or proposes to abandon, withdraw or cease the provision of cable services to all or of the City, then such cable operator or franchisee must notify the City, in writing, at least ninety days before such action is to take effect. The notice shall be sent to both the City Manager and the City Solicitor.
(c) Upon such notice, Council shall, within forty-five days, advise the cable operator, in writing, as to whether it intends to give its written consent and to invoke the continuity provisions of this chapter.
(d) If Council does give its written consent and does invoke the continuity provisions of this chapter, then the affected cable operator or franchisee shall do everything in its power to ensure that all subscribers receive continuous, uniterrupted cable service regardless of the circumstances.
(e) Council may direct and require the cable operator or franchisee to continue to operate the system for a period of up to twelve months in order to allow Council time to secure another operator or franchisee for the operation of the cable system.
(f) In the interim twelve-month period, during which the affected cable operator or franchisee continues to provide cable to al subscribers, the operator or franchisee is entitled to all revenue collected, except for any sums owed (including franchise fees or taxes) to the City o to other persons.
(g) The provisions of this section shall also apply in cases where a sale, transfer or assignment of a franchise will result in the immediate or imminent abandonment, withdrawal or cessation of cable from all or a portion of the City.
(h) If Council does give its written consent, but does not invoke the continuity provisions of this chapter then the affected cable operator or franchisee shall take immediate action to remove all cable system property from the City's rights of way within 210 days of the effective date of such abandonment, withdrawal or cessation.
(Ord. 2156. Passed 8-27-87.)