(A) It is the right of all subscribers obtaining cable service legally to receive all available services requested from the franchisee as long as their financial and other obligations to the franchisee are satisfied.
(B) In the event of a termination of a franchise for whatever reason, the franchisee shall ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. The franchisee shall cooperate with the city to continue the operation of the system for a period following termination as necessary to maintain continuity of service to all subscribers. The period shall not exceed six months without the franchisee's written consent. During such period, the cable system shall be operated under such terms and conditions as the city and the franchisee may agree, or such other terms and conditions that will continue, to the extent possible, the same level of service to subscribers and that will provide reasonable compensation to the cable operator.
(C) In the event a franchisee fails to operate the system for seven consecutive days without prior approval of the city or without just cause, the city may, at its option, operate the system or designate another person to operate the system until such time as the franchisee restores service under conditions acceptable to the city or until a permanent new franchisee is selected. If the city is required to fulfill this obligation for the franchisee, the franchisee shall reimburse the city for all costs or damages resulting from the franchisee's failure to perform that are in excess of the revenues from the system received by the city. Additionally, the franchisee will cooperate with the city to allow city employees and/or city agents access to the franchisees' facilities and premises for purposes of continuing system operations as described herein.
(D) If the franchisee does not comply with this section, the franchisee shall have 30 days to cure such violation from the day the franchisee receives notice of such violation. If the franchisee has not cured the violation within 30 days from such notice date, the city shall fine a franchisee for violation of this section $500 per day for each day that the violation continues. The fines shall begin to accrue on the first business day after the 30 day cure period has terminated.
(Ord. 1406, passed 5-15-02)