Ordinance 99-66 - Laserfiche WebLink

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(h) Except as provided in subsection (f), no adverse action against a franchisee may be taken by the City pursuant to this section except after a noticed public hearing at which the franchisee is given an opportunity to participate. Sec. 23. Continuity of service mandatory. (a) It is the right of all subscribers 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 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 (6) 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 (7) 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. Ifthe 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. Sec. 24. Rates. (a) Nothing in this article shall prohibit the City from regulating rates for cable services to the full extent permitted by law. (b) Any rate or charge established for cable television service, equipment, repair and installation shall be reasonable to the public. Upon written request from the City or its agent, franchisee shall provide all requested data, records and documentation to show the reasonableness of the rates or to comply with FCC guidelines. Where such information is designated proprietary and confidential, it shall not be copied or removed or otherwise subject to public inspection, to the extent the City is permitted to protect information from public inspection under applicable law. Sec. 25. Performance evaluation. Cable Ordinance -39-