§ 17. REGULATORY AUTHORITY.  


Latest version.
  • (a)

    The City may exercise appropriate regulatory authority under the provisions of this franchise and applicable law. This authority shall be vested in the Council and administered through the Mayor or his designee in order to provide date-to-date administration of this franchise and any franchise granted hereunder.

    (b)

    Notwithstanding any other provisions of this franchise to the contrary, the Grantee shall at all times comply with all applicable laws of the local, state and federal government. 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 reduce in any way the power or authority of the City under this franchise or if in compliance with any local, state or federal law or regulation, the Grantee finds conflict with the terms of this franchise or any law or regulation of the City, then as soon as possible following knowledge thereof, the Grantee shall notify the City of the point of conflict believed to exist between such law or regulation and the laws or franchise of the City. The City shall have the right to initiate renegotiations with the Grantee to modify any provisions of this franchise to such reasonable extent as may be necessary to carry out the intent and purpose of this franchise; provided, however, neither party shall be under any obligation or requirement to agree to a modification which increases the obligations, or impairs the rights of that party.

    (c)

    The City reserves the right to exercise the maximum plenary (full) authority, as may at any time be lawfully permissible, to regulate the cable communications system, the franchise and the Grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the City, the City may, without the approval of the Grantee, legislate any such additional regulation as may then be permissible, whether or not contemplated by this franchise.