Continuity of Operations.

15.141. 

Continued Provision of Service. In the event of revocation of the Franchise, expiration of the Franchise or transfer of the Franchise between the existing grantee and a successor grantee, the existing Grantee shall continue to provide cable service to its Subscribers in the same manner and with the same programming, customer service and repair capabilities as it provided prior to the change in status of the Franchise. The right of Grantee to operate the Cable System or any Video Communications System in the event of revocation, expiration or transfer of the Franchise shall be considered by the Franchising Authority to be granted on basis not to exceed six (6) months or until the transfer or sale of the Franchise to a successor Grantee is completed and approved by the City or the Cable System or any Video Communications System plant is removed, pursuant to Section 15.135 hereof.

15.142. 

Consent Required for Changes in Service. After the filing of FCC Form 394, as provided for in Section 15.123, Grantee shall not:

(1) 

Initiate any changes in the physical Cable System plant, other than routine repairs and maintenance without the express consent of the City;

(2) 

If the Grantee changes its video programming services, Grantee shall provide the Franchising Authority with thirty (30) days advance written notice of any change in Channel assignment or in the video programming service provided over any such Channel and inform Subscribers via written notice that comments on programming and channel position changes are being recorded by a designated office of the City. Grantee may, upon thirty (30) days advance notice to the Franchising Authority, rearrange, replace or remove a particular cable service required by the Franchise if:

(a) 

Such service is no longer available to the Grantee; or,

(b) 

Such service is available to the Grantee only upon the payment of a royalty required under Section 801(b)(2) of Title 17, United States Code, which the Grantee can document as being substantially in excess of the amount of such payment required on the date of the Grantee's offer to provide such service and has not been specifically compensated for through a rate increase or other adjustment; and,

(3) 

Gross Revenues obtained by the Cable System are decreased, Grantee shall be required to obtain the express consent for such changes by the Franchising Authority prior to implementation of any or all proposed changes of this nature.

Ord. 6400, 10/6/1998