4-280-370 Restrictions.

   The CAC shall not:

   1.   Exclude any person or organization from use of access channels for any lawful nonprofit purpose, although it may allocate channel space and time on a reasonable, nondiscriminatory basis. Any person or organization alleging denial of this right may petition CAC for redress, petition the cable administrator for review and sue in a court of competent jurisdiction to enforce the right of access herein granted;

   2.   Permit operation of its channels to be subject to direct or indirect governmental interference with or control of program content.

(Prior code § 113.1-41; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-370 as § 4-280-330, and renumbered this section, which was formerly § 4-280-410, as § 4-280-370.

ARTICLE VIII. CABLE ADMINISTRATOR (4-280-380 et seq.)

4-280-380 Cable administrator.

   A.   The commissioner of the department of business affairs and consumer protection, or his or her designee, shall serve ex officio as the city's cable administrator.

   B.   In addition to other duties conferred elsewhere in this Code, the duties of the cable administrator shall include:

      1.   Assisting the council as requested in the franchising process;

      2.   Enforcement of ex parte rules pertaining to the franchising process as to be adopted by council;

      3.   Monitoring compliance by grantees of all the terms and conditions of this chapter and a franchise;

      4.   Applying all sanctions, other than revocation or non-renewal of the franchise, provided for in this chapter and a franchise;

      5.   Resolving disagreements among grantees, subscribers and public and private users of the cable system. In the cases where a grantee has not satisfactorily responded to complaints of service failures, poor service, inferior audio or video signals, the cable administrator shall have the power to enforce applicable standards. In cases where requests for service have been ignored or unfilled for whatever reasons, the cable administrator shall have the power to enforce applicable standards.

      6.   Monitoring the effectiveness of all groups given responsibility for the development and utilization of access channels on cable systems;

      7.   Auditing all franchise records as required by this chapter and, in the cable administrator's discretion, requiring the preparation and filing of information additional to that required herein;

      8.   Conducting periodic evaluations of the systems and, pursuant thereto, making recommendations to the council for amendments to this chapter or the franchises;

      9.   Advising the council on all matters which may constitute grounds for revocation of a franchise and the desirability of renewing, or permitting transfer, of a franchise;

      10.   Conducting public information programs on cable systems as necessary and/or as may be directed by the mayor or the council;

      11.   Promulgating rules and regulations governing questions of cable service policy, consistent with this chapter and the franchises granted hereunder;

      12.   Performing such regulatory and monitoring functions as set forth in this chapter.

      13.   To administer the programming and operations of municipal access channels, including the authority to enter into agreements or accept offers of gifts from any person, firm or organization, for the production of supplemental governmental programming designed for and consistent with City purposes as determined and selected by the cable administrator; provided that the cable administrator shall have the sole discretion to accept or reject any such programming.

(Prior code § 113.1-42; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-03, p. 13426, § 2.3; Amend Coun. J. 11-13-07, p. 14999, Art. I, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-380 as § 4-280-340, and renumbered this section, which was formerly § 4-280-420, as § 4-280-380.

ARTICLE IX. GENERAL PROVISIONS (4-280-390 et seq.)

4-280-390 Limits on grantee's recourse.

   A.   Except as expressly provided in this chapter and the franchise, a grantee shall have no recourse against the city for any loss, expense or damage resulting from the terms and conditions of this chapter or the franchise or because of the city's enforcement thereof nor for the city's failure to have the authority to grant the franchise. A grantee shall expressly agree in its acceptance of the franchise that it does so relying upon its own investigation and understanding of the power and authority of the city to grant said franchise.

   B.   A grantee, in accepting a franchise, shall expressly acknowledge that it has not been induced to accept the same by any promise, verbal or written, by or on behalf of the city or by any third person regarding any term or condition of this chapter or the franchise not expressed therein. A grantee shall further pledge that no promise or inducement, oral or written, has been made to any city employee or official regarding receipt of the cable television franchise.

   C.   A grantee shall further acknowledge in its acceptance of a franchise that it has carefully read the terms and conditions of this chapter and the franchise and accepts without reservation the obligations imposed by the terms and conditions herein.

   D.   The decision of the council, concerning grantee selection and awarding of the franchise shall be final.

   E.   A grantee shall not apply for any waivers, exceptions, or declaratory rulings from the FCC or any other federal or state regulatory agency without prior written notice to the city.

(Prior code § 113.1-47; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-390 as § 4-280-350, and renumbered this section, which was formerly § 4-280-470, as § 4-280-390.

4-280-400 Compliance with state and federal law.

   A.   A 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.

(Prior code § 113.1-48; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-400 as § 4-280-360, and renumbered this section, which was formerly § 4-280-480, as § 4-280-400.

4-280-410 Special license.

   A.   The city reserves the right to issue a license, easement or other permit to anyone other than a grantee to permit that person to traverse any portion of a grantee's franchise area within the city in order to provide service outside the city. Such license or easement, absent a grant of a franchise in accordance with this chapter, shall not authorize nor permit said person to provide a cable service of any nature to any home or place of business within the city, nor to render any service or connect any subscriber within the city to a grantee's cable system.

(Prior code § 113.1-49; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-410 as § 4-280-370, and renumbered this section, which was formerly § 4-280-490, as § 4-280-410.

4-280-420 Franchise validity.

   A.   A grantee shall agree, in its acceptance of the franchise, to accept the validity of the terms and conditions of this chapter and the franchise in their entirety and that it will not, at any time, proceed against the city in any claim or proceeding challenging any term or provision of this chapter or the franchise as unreasonable, arbitrary or void, or that the city did not have the authority to impose such term or condition.

(Prior code § 113.1-50; Amend Coun. J. 2-15-84, p. 5159; 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-420 as § 4-280-380, and renumbered this section, which was formerly § 4-280-500, as § 4-280-420.

4-280-430 Failure to enforce.

   A.   A grantee shall not be excused from complying with any of the terms and conditions of this chapter or a franchise by any failure of the city, upon any one or more occasions, to insist upon the grantee's performance or to seek grantee's compliance with any one or more of such terms or conditions.

(Prior code § 113.1-51; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, repealed former § 4-280-430 and renumbered this section, which was formerly § 4-280-510, as § 4-280-430.