Big Bear Lake Municipal Code Art. XXV Continuity of Service Standards

Failure to meet the requirements of this article will result in foreseeable damages in an amount specified in Article VIII, "Liquidated Damages."

(Ord. 98-287 § 2, 1998)

It shall be the right of all subscribers to continue receiving cable service insofar as their financial and other obligations to a franchisee are honored, and the city may require continuous service to the subscribers in accordance with the terms of the franchise agreement throughout the entire period thereof. In the event that a franchisee elects to rebuild, modify or sell the cable system, or the city gives notice of intent to terminate or fails to renew a franchise, a franchisee shall provide continuous service to all subscribers. In the event of a change of franchisee's, or in the event a new franchisee acquires the cable system, the former franchisee shall cooperate with the city, new franchisee or operator in maintaining continuity of cable service to all subscribers. During such period, a franchisee shall be entitled to the revenues for any period during which it operates the cable system, less any amount owed to the city under, or as may be required by, the franchise agreement.

(Ord. 98-287 § 2, 1998)

The franchisee shall ensure that service interruptions to services do not exceed the specifications permitted by this chapter or the franchise agreement. Failure to correct a service interruption within forty-eight hours of the initial interruption shall be grounds for termination of the franchise agreement.

(Ord. 98-287 § 2, 1998)

In the event a franchisee fails to operate a cable system or provide cable services or other communications services for forty-eight consecutive hours due to an event or occurrence within franchisee's control and without prior approval of the city, the city may at its option operate the cable system or designate an operator until such time as the franchisee restores cable service in accordance with the requirements of this chapter and the franchise agreement or a new permanent operator is selected. If the city is required to fulfill this obligation for a franchisee, the franchisee shall reimburse the city for all reasonable costs or damages that are the result of the franchisee's failure to perform. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in Article VIII, "Liquidated Damages."

(Ord. 98-287 § 2, 1998)

The franchisee shall provide subscribers and the cable administrator thirty days written notice prior to any change in programming or services. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in Article VIII, "Liquidated Damages."

(Ord. 98-287 § 2, 1998)

The need for periodic system interruption by franchisee to perform preventive maintenance, system expansion, and system design upgrading is acknowledged. Franchisee shall schedule such interruptions to minimize the disruption of programming to viewers (for example, by scheduling such interruptions during station breaks or minimum viewing hours). The franchisee shall be sensitive to newsworthy events of general public interest and, whenever possible, use all efforts to modify such outage plans to allow maximum customer reception of the news of these events.

(Ord. 98-287 § 2, 1998)