§ 1-10-210. Policy with respect to continuity of service provisions.

(a)

The board/franchising authority deems as its policy that every subscriber that receives cable service from one (1) or more franchised cable operators should expect the uninterrupted option of receiving cable service from at least one (1) franchised cable operator. Moreover, as long as a subscriber keeps his or her account current, then the subscriber should expect (absent a service outage or force majeure situation) the provision of cable service to continue uninterrupted without the likelihood that cable service to the area in which the particular subscriber resides will be totally abandoned.

(b)

As a result of the board/franchising authority's policy expressed in subsection (a) of this section, and to the extent permitted by law, a franchised cable operator may not, without the prior written consent of the board/franchising authority, abandon, withdraw, or cease to provide cable service to any, or all, subscribers within the county, if the franchised cable operator is the only franchised cable operator providing cable service to that part, portion, or entirety of the county.

(c)

Where such consent is required, and where a franchised cable operator abandons, withdraws, or ceases to provide cable service as described in subsection (b) of this section without the prior written consent of the board/franchising authority, then such action may be deemed a material violation of this article, and the board/franchising authority may consider exercising any of its legal options including fines (where appropriate), default, revocation, termination, or cancellation of the franchise, franchise resolution, or franchise agreement.

(d)

Prior to giving its written consent, the board/franchising authority may adopt a temporary set of rules and guidelines which are designed to decrease the likelihood that any subscriber experiences an interruption in the provision of cable service. These temporary rules and guidelines shall not exceed twelve (12) months unless a longer period is agreed to by the board/franchising authority and the affected franchised cable operator. Moreover, these temporary rules and guidelines shall not require a franchised cable operator to operate at a sustained financial loss unless the arrangement is part of a court-approved or trustee-approved bankruptcy or reorganization plan.

(e)

During the interim time period that the franchised cable operator is providing service to subscribers within the county under the temporary rules and guidelines referenced in subsection (c) of this section, the franchised cable operator is entitled to all revenues generated from the provision of cable services. Likewise, during such interim period, the affected franchised cable operator shall be responsible (unless there is court-ordered protection) to pay all franchise fees, taxes, and other administrative fees or taxes to the county on or before their due dates.

(Ord. No. 97-023, § 1, 4-22-97)