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 J. 4-24-12, p. 23998, § 1, repealed former § 4-280-430 and renumbered this section, which was formerly § 4-280-510, as § 4-280-430.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 J. 4-24-12, p. 23998, § 1, repealed former § 4-280-440 and renumbered this section, which was formerly § 4-280-520, as § 4-280-440.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.

4-280-460 Timely performance by grantee.

   A.   Whenever this chapter or a franchise sets forth any time for any act to be performed by or on the behalf of the grantee, such time shall be deemed the essence and the grantee's failure to perform within the time allotted shall, in all cases, be sufficient grounds for the city to invoke the remedies available under the terms and conditions of this chapter and the franchise.

(Prior code § 113.1-54; 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 § 4-280-460 and renumbered this section, which was formerly § 4-280-540, as § 4-280-460.

4-280-470 Acceptance by written instrument.

   A.   This chapter and the franchise and their terms and conditions shall be accepted by a grantee by written instrument filed with the city within 30 days after the granting of a franchise, unless said period is extended by the council at its sole discretion. In its acceptance, the grantee shall declare that it has carefully read the terms and conditions of this chapter and the franchise and accepts all of the terms and conditions imposed by this chapter and the franchise and agrees to abide by the same.

(Prior code § 113.1-55; 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 § 4-280-470 as § 4-280-390, and renumbered this section, which was formerly § 4-280-550, as § 4-280-470.

4-280-480 Multiple-unit dwellings – Resale of services prohibited.

   A.   Interference with Cable Service Prohibited. Neither the owner of any multiple-unit residential dwelling nor his agent or representative shall interfere with the right of any tenant or lawful resident thereof to receive cable service, cable installation or maintenance from a grantee regulated by and lawfully operating under a valid and existing cable television franchise issued by the city; provided, however, the cable administrator may establish necessary rules and standards it deems appropriate to protect the property rights of landlords and tenants.

   B.   Gratuities and Payments to Permit Service Prohibited. Neither the owner of any multiple-unit residential dwelling nor his agent or representative shall ask, demand or receive any payment, service or gratuity in any form as a condition for permitting or cooperating with the installation of a cable communication service to the dwelling unit occupied by a tenant or resident requesting service.

   C.   Penalties and Charges to Tenants for Service Prohibited. Neither the owner of any multiple-unit residential dwelling nor his agent or representative shall knowingly penalize, charge or surcharge a tenant or resident, or forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident who requests or receives cable communications service from a grantee operating under a valid and existing cable communication franchise issued by the city. Any person convicted of violating any provisions of this section is subject to a fine of not less than $50.00 nor more than $500.00 for each offense.

   D.   Reselling Service Prohibited. No person shall resell, without the expressed, written consent of both the grantee and the cable administrator, any cable service program or signal transmitted by a cable television system operating under a franchise issued by the city.

   E.   Protection of Property Permitted. Nothing in this section shall prohibit a person from requiring that cable system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons or property.

   F.   Risks Assumed by Grantee. Nothing in this section shall prohibit a person from requiring a grantee to agree to indemnify the owner, or his agents or representatives, for damages or from liability for damages caused by the installation, operation, maintenance or removal of cable system facilities.

(Prior code § 113.1-56; 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 § 4-280-480 as § 4-280-400, and renumbered this section, which was formerly § 4-280-560, as § 4-280-480.

4-280-490 Violation – Penalty.

   A.   Penalties. In addition to any other remedies provided for in this chapter or otherwise available by law, the city or the cable administrator shall have the power to impose monetary penalties in the event a grantee violates any provision of this chapter or other provision of the municipal code, a franchise, or any rule or regulation lawfully adopted thereunder. In appropriate circumstances, the city or the cable administrator may precede the issuance of a notice of violation with a reasonable opportunity for the grantee to cure the violation. The amounts of such penalties shall be specified in subsection E. of this section and in the franchise and shall be based on the following principles:

      1.   penalties shall exceed the financial benefits to a grantee delaying or failing to comply with the applicable requirement;

      2.   even where such benefits are not easily discernible, the penalties shall be high enough to have a significant deterrent effect on a grantee; and

      3.   penalties shall be sufficient to protect the city and other affected parties against loss of revenues resulting from violations.

      4.   penalties shall be subject to Article X of this Chapter.

   B.   Other monetary sanctions. A franchise shall also provide for fines, liquidated damages and other monetary sanctions, the amounts of which shall also reflect the foregoing principles.

   C.   Private suit against grantee.

      1.   any person or organization adversely affected by a violation, or by a pattern and practice of violations, shall have the right to sue a grantee in a court of competent jurisdiction for damages and for injunctive and other relief to require enforcement of the franchise. Organizations shall be entitled to sue on behalf of themselves or their members.

      2.   the remedy herein provided shall be in addition to any remedies provided by law.

      3.   except in emergency situations in which immediate relief is required, private litigants shall notify the corporation counsel not fewer than ten days prior to filing suit. However, suit by the city shall not preempt the private litigant's right to proceed.

   D.   It shall be unlawful for any person to attach or affix, or to cause to be attached or affixed, any equipment or device which allows access to or use of the cable television system without payment to the grantee for same.

   E.   Except as otherwise provided herein, any person who violates any provisions of this chapter shall be subject to a fine not to exceed $750.00 for each offense; each day of said violation shall constitute a separate offense, and a separate offense shall be deemed to be committed as to each affected customer.

   F.   Upon the cable administrator's transmittal of a notice of violation to the department of administrative hearings, the department of administrative hearings shall adjudicate the notice of violation in accordance with the provisions of Chapter 2-14.

(Prior code § 113.1-57; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-2-02, p. 93682, § 1; Amend Coun. J. 9-5-07, p. 6001, § 2; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-490 as § 4-280-410, and renumbered this section, which was formerly § 4-280-570, as § 4-280-490.

4-280-500 Promulgation of rules by grantee.

   Grantee shall have the authority to promulgate such rules, regulations, terms and conditions of its business as shall be reasonably necessary to enable it to exercise its rights and perform its services under this chapter and the Rules of the FCC, and to assure uninterrupted service to each and all of its subscribers. Such rules and regulations shall not be deemed to have the force of law.

(Prior code § 113.1-58; 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 § 4-280-500 as § 4-280-420, and renumbered this section, which was formerly § 4-280-580, as § 4-280-500.