§ 71-101. Compliance with state and federal law.  


Latest version.
  • A cable communications franchise grantee shall, at all times, comply with all laws of the state and federal government and the rules and regulations of any federal or state administrative agency. If during the term of any franchise, regulatory authorities permit regulation of cable communication systems or services not permitted to the city on the effective date of any franchise granted hereunder, the city shall negotiate in good faith with a grantee to engage in any such additional regulation as may then be permissible, whether or not contemplated by this chapter or any franchise granted hereunder, including without limitation, regulation respecting rates charged to subscribers, consumer protection or any other similar or dissimilar matter. In the event that any actions of the state or federal government or any agency thereof or any court of competent jurisdiction upon final adjudication substantially reduces in any way the power or authority of the city under this chapter or a franchise granted hereunder, or if in compliance with any local, state or federal law or regulation a grantee finds direct and specific conflict with the terms of this chapter or any franchise granted hereunder, or any law or regulation of the city, then as soon as possible following knowledge thereof, the grantee shall notify the city in writing of the point of conflict believed to exist between such law or regulation and the laws or regulations of the city, this chapter and the franchise. The city, at its option, may notify the grantee that it wishes to negotiate those provisions which are affected in any way by such modification and regulations or statutory authority. Thereafter, the grantee shall negotiate in good faith with the city in the development of alternative provisions which shall fairly restore the city to the maximum level of authority and power permitted by law. The city shall have the right to modify any of the provisions to such reasonable extent as may be necessary to carry out the full intent and purpose of this chapter or any franchise granted hereunder.

(Ord. No. 02-03, Art. IV(1), 2-28-02)