(A) City Manager or Designee to Administer. The city shall exercise appropriate regulatory authority under the provisions of this chapter, the Communications Act, and all applicable law. This authority shall be vested in the Albemarle City Council and administered through the City Manager or his/her designee in order to provide day-to-day administration and enforcement of the provisions of this chapter and any franchise granted hereunder, and to carry out the city's responsibilities with regard to cable television.
(B) Change in Law. Notwithstanding any other provisions of this chapter to the contrary, the grantee shall at all times comply with all laws and regulations 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 chapter or the franchise, or if in compliance with any local, state, or federal law or regulation, the grantee finds conflict with the terms of this chapter, the 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 regulations of the city, this chapter and the franchise. The city or the grantee may notify the other party that it wishes to renegotiate those provisions which are affected in any way by such modification in regulations or other statutory authority. Thereafter, the grantee and the city shall negotiate in good faith with the city in the development of alternate 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 and the franchise in accordance with federal and state law. In the event any such modifications are made, the city will give the grantee reasonable notice of a public hearing.
(C) Additional Authority of City. The city reserves the right to exercise the maximum plenary 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, following good faith negotiations, engage in any such additional regulation as may then be permissible, whether or not contemplated by this chapter or the franchise, including without limitation, regulation regarding franchise fees, taxes, programming, rates charged to subscribers and users, consumer protection, or any other similar or dissimilar matter.
(Ord. 99-38, passed 7-6-99)