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.

4-280-440 Rights reserved to grantor.

   A.   The city hereby expressly reserves the following rights:

      1.   To exercise its governmental powers, now or hereafter, to the full extent that such powers may be vested in or granted to the city;

      2.   To adopt, in addition to the provisions contained herein and in the franchise and in any existing applicable ordinances, such reasonable regulations as it shall find necessary in the exercise of its police power;

      3.   To renegotiate the franchise granted pursuant to this chapter should substantial section(s) of this chapter be rendered void by the Federal Communications Commission, or by subsequent changes in applicable federal or state laws.

(Prior code § 113.1-52; 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 § 4-280-440 and renumbered this section, which was formerly § 4-280-520, as § 4-280-440.

4-280-450 Equal opportunity employment.

   A.   A grantee shall not refuse to hire, nor discharge from employment, nor discriminate against any person regarding compensation, terms, conditions or privileges of employment because of age, sex, race, color, creed, ethnic origin, sexual orientation, marital status, or handicap. Each grantee shall take affirmative action to insure that employees are treated during employment in a nondiscriminatory manner. This condition includes, but is not limited to, the following: recruitment advertising, employment interviews, employment, rates of pay, upgrading, transfer, demotion, lay-off and termination. Provided, further, grantee shall strictly adhere to the equal employment opportunity regulations of the FCC and to all federal, state and local laws and executive orders pertaining to discrimination, equal employment opportunity and affirmative action.

   B.   Each grantee shall exercise its best effort to maximize equal employment opportunity for minorities and women. To this end, grantee shall make available to qualified minorities and women apprenticeship training programs providing training classes and on-the-job experience in appropriate entry level jobs.

   C.   Each franchise granted hereunder shall ensure minority and female participation in the work force of the grantee. The goal of each grantee with respect to minority employment shall be parity with the population of minorities in relation to the general population of the city. Applicants for franchises shall detail the means to be employed to achieve this goal in all job categories.

   D.   A copy of each grantee's equal employment opportunity program and any subsequent modifications thereto and a copy of its annual employment report (FCC Form 395) shall be filed with the cable administrator within ten days of its submission to FCC. Each franchise granted hereunder shall insure minority and female participation in the work force of a grantee.

   E.   Each grantee shall exercise its best effort to insure that local minority-owned businesses receive a fair and substantial share of the economic benefits forthcoming from the development of cable systems in the city. To this end, applications for franchises shall contain proposals for the participation of local qualified minority enterprises in the award of contracts by the grantee for construction, installation, the provision of materials and supplies for the construction and operation of its cable system. Such proposals shall be incorporated into the franchise as granted and shall be binding on the grantee.

(Prior code § 113.1-53; 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 § 4-280-450 and renumbered this section, which was formerly § 4-280-530, as § 4-280-450.