§ 20.43  REGULATORY PROVISIONS.
   (a)   Intent. The shall have the right to administer and regulate activities under the franchise up to the full extent permitted by applicable law.
   (b)   Delegation of authority to regulate. The reserves the right to delegate its regulatory authority wholly or in part to agents of the , including, but not limited to, an agency which may be formed to regulate several franchises in the region in a manner consistent with . Any existing delegation in place at the time of the grant of this franchise shall remain intact unless expressly modified by .
   (c)   Areas of administrative authority. In addition to any other regulatory authority granted to the by law or franchise, the shall have administrative authority in the following areas:
      (1)   Administering and enforcing the provisions of this franchise, including the adoption of administrative rules and regulations to carry out this responsibility.
      (2)   Coordinating the operation of .
      (3)   Formulating and recommending long-range cable communications policy for the .
      (4)   Disbursing and utilizing franchise revenues paid to the .
      (5)   Administering the regulation of rates, to the extent permitted by applicable law.
      (6)   All other regulatory authority permitted under applicable law.
      The or its designee shall have continuing regulatory jurisdiction and supervision over the system and the grantee’s operations under the franchise to the extent allowed by applicable law.
   (d)   Regulation of rates and charges.
      (1)   Right to regulate. The reserves the right to regulate rates or charges for any within the limits of applicable law, to enforce rate regulations prescribed by the , and to establish procedures for said regulation or enforcement.
      (2)   Notice of change in rates and charges. Throughout the term of this franchise, grantee shall give the and all subscribers within the at least 30 ’ notice of any intended modifications or additions to rates or charges. Nothing in this subsection shall be construed to prohibit the reduction or waiving of rates or charges in conjunction with promotional campaigns for the purpose of attracting subscribers or users.
      (3)   Rate discrimination prohibited. Within any category of subscribers, grantee shall not discriminate among subscribers with regard to rates and charges made for any service based on considerations of race, color, creed, sex, marital or economic status, national origin, sexual preference, or (except as allowed by applicable law) neighborhood of residence, except as otherwise provided herein; and for purposes of setting rates and charges, no categorization of subscribers shall be made by grantee on the basis of those considerations. Nevertheless, grantee shall be permitted to establish (1) discounted rates and charges for providing to low-income, handicapped, or low-income elderly subscribers, (2) promotional rates, and (3) bulk rate and package discount pricing.
      (4)   Multiple dwelling units. Grantee shall ensure that rates charged by grantee to residents of multiple dwelling unit buildings do not exceed the charges paid by residents of single family homes. Grantee may not condition provision of services to multiple dwelling unit buildings on any requirement not imposed on other subscribers. Grantee may not condition provision of services to multiple dwelling unit buildings on an exclusive service agreement with grantee. Grantee may offer a building owner the option of a long-term agreement in return for installation of internal wiring or other telecommunications improvements unique to the building, but grantee must offer the alternative of a no term agreement to building owners who wish to contract directly for installation by a contractor approved by grantee and in accordance with grantee’s generally applicable technical standards. The foregoing does not restrict, condition, or inhibit grantee’s ability to negotiate longer-term right of entry agreements prior to offering service to multiple unit building residents for the purpose of maintaining grantee’s on-site signal and facilities. For purposes of this subsection (d)(4), a RIGHT OF ENTRY AGREEMENT means an agreement that permits grantee access to the building to extend its distribution cable from the in the right-of-way or public easement to the utility closet or other demarcation point in the multiple unit building.
(Ord. 2015-36, passed 11-16-2015)