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(a) It is the right of all subscribers to receive all available cable television services from the franchisee as long as their financial and other obligations to the franchisee are satisfied.
(b) In the event of a termination or transfer 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 operate the system for a temporary period following termination or transfer as necessary to maintain continuity of service to all subscribers. The temporary period will not exceed six months without the franchisee’s written consent. During such period, the cable system shall be operated in such a manner as is consistent with the rights and obligations of the parties as contained in the franchise documents as those documents existed between the city and the franchisee prior to the termination or transfer.
(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 an operator until such time as the franchisee 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 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 free access to the franchisee’s facilities and premises for purposes of continuing system operation.
(Ord. 97-2, passed 1-9-1997)