§ 26-40. Continuation of service mandatory.

(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, if capable, shall ensure that all subscribers receive continuous, uninterrupted service. The franchisee shall cooperate with the county 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 county and the franchisee may agree, or the terms and conditions of its franchise that will maintain, 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 county or without just cause, the county 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 county or until a permanent new franchisee is selected. If the county is required to fulfill this obligation for the franchisee, the franchisee shall reimburse the county 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 county. Additionally, the franchisee will cooperate with the county to allow county employees and/or county agents access to the franchisees' facilities and premises for purposes of continuing system operations as described herein. The county may fine a franchisee for violation of this section $500.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)