(A) The county shall exercise appropriate regulatory authority under the provisions of this chapter, the Communications Act, being 47 USC 201 et seq. and all applicable law. This authority shall be vested in the Board of Commissioners and administered through the County Manager or his or 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 county's responsibilities with regard to cable television.
(B) 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 county 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 county, then as soon as possible following knowledge thereof, the grantee shall notify the county of the point of conflict believed to exist between the law or regulation and the laws or regulations of the county, this chapter and the franchise. The county or the grantee may notify the other party that it wishes to renegotiate those provisions which are affected in any way by the modification in regulations or other statutory authority. Thereafter, the grantee and the county shall negotiate in good faith in the development of alternate provisions which shall fairly restore the county to the maximum level of authority and power permitted by law.
(C) The county reserves the right to exercise the maximum plenary (full) authority, as may at any time be lawfully permissible, to regulate the system, the franchise and the grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the county, the county may, following good faith negotiations, engage in any 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. The county shall have the right to modify any of the provisions to the 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; provided, however, no modifications shall increase the obligation of the grantee or limit the rights of the grantee hereunder.
(Ord. passed 10-19-98)