(A) Subject to pre-emption by, or other approval authority of, the FCC or any other federal or state governmental entity or agency, and to the extent permitted by any applicable law, the Council/franchising authority retains the authority to provide for:
(1) The regulation and control of any multi-channel system within the geographical limits of city;
(2) The award and grant of an MCS franchise (where required) subsequent to review of an application or proposal by the Council/franchising authority;
(3) The periodic review and/or amendment or repeal of all or part of this chapter; and
(4) If mutually agreed to with a franchised MCS provider, the periodic review and/or amendment of any existing franchise agreement.
(B) The Council/franchising authority retains the power to regulate or not to regulate rates or charges associated with the providing of multi-channel service classified as cable service by an MCS provider classified as a cable operator.
(C) Subject to pre-emption by, or other approval authority of, the FCC or any other federal or state governmental entity or agency, the Council/franchising authority retains the jurisdiction to enforce all laws and regulations relating to multi-channel customer service practices and consumer protection.
(D) If the FCC, Congress, or other governmental agency with authority over cable or any other MCS provider ever abrogates, deletes, removes, or otherwise disposes of rules or standards that are referenced in this chapter, or relied upon by the Council/franchising authority for purposes of MCS provider compliance with this chapter, then the Council/franchising authority may reinstate such rule or standard, to the extent not preempted by or inconsistent with later adopted law or regulations. Reinstated rules or standards will have the same weight (as allowed under prevailing law) as they had prior to their initial deletion.
(Ord. 4-1994-20, passed 4-12-94)