6.22.430 Policy with Respect to Continuity of Multi-channel Service Provisions.
(1) The Council/franchising authority declares that as part of its right (1) Subject to applicable federal and state law, the Council/franchising authority declares that as part of its right to establish multi-channel customer service guidelines, it has the duty to ensure continuity of cable service for all subscribers. In that light, the Council/franchising authority also determines that it may take appropriate measures in order to ensure that no portion of the City is threatened or faced with a disruption, interruption, or discontinuance of multi-channel service due to the actions of any MCS provider.
(2) In addition to the principles and ideals enumerated in subsection (1) of this section, the Council/franchising authority also expresses that its policy covers the following:
(a) providing for continuity of multi-channel service in the event of acquisition by the City;
(b) providing for continuity of service in the event of a proposed abandonment, withdrawal, or cessation of multi-channel service by an MCS provider;
(c) providing for continuity of service in the event of revocation, termination, or non-renewal of a franchised MCS provider’s franchise;
(d) providing for continuity of service in the event that a transaction occurs that affects the ownership or control of the MCS provider, such as an assignment, sale, transfer, or merger;
(e) providing for continuity of service in the event of an expiration of a franchise;
(f) preventing disruption of multi-channel service which would provide a hardship on those subscribers who rely on a multi-channel system as their primary or secondary source for information; and
(g) preventing the interruption or cessation of multi-channel service which would disrupt or eliminate the diversity of programming choices enjoyed by subscribers of a multi-channel system, and thereby restricting their ability to receive information.
(3) Subject to applicable federal and state law, whenever any situation occurs (including those mentioned above) which threatens the City and subscribers with the loss or interruption in the continuity of multi-channel service, then the Council/franchising authority may direct the MCS provider for a period of up to twenty-four (24) months to do everything in its power to ensure that all subscribers receive continuous, uninterrupted multi-channel service of the same quality, mix, and level(s) regardless of the circumstances.
(4) During the interim period, the franchising authority shall work with the MCS provider in order to secure a new multi-channel system owner, or rectify the problem, so that the threat of loss of continuity is removed at the earliest possible instance.
(5) During any interim period in which the MCS provider continues to provide multi-channel service to subscribers, the MCS provider is entitled to all revenues collected, except any sums owed (including franchise fees, alternative user charges, and taxes) to the City or to other persons.
(6) In the event that the threat of loss of continuity is not resolved within twenty-four (24) months, then the Council/franchising authority may extend the interim period on a month-to-month basis until the situation is satisfactorily resolved. Also, in such a circumstance, the Council/franchising authority may adopt any emergency rules or procedures which will ensure that the subscribers will receive continuous, uninterrupted multi-channel service of the same quality, mix, and level(s).