(A) A franchisee is subject to and must comply with all applicable local, city, state and federal laws, ordinances, codes, rules, regulations and orders. The city shall neither enact nor amend any regulation or ordinance, other than through the exercise of its police power taken on behalf of public safety, that will derogate or materially affect the benefits or obligations of a pre-existing franchise agreement without the consent of the franchisee. Where the city has granted multiple franchises so as to establish the provision of cable services on a competitive basis, it shall be the obligation of each franchisee to operate its cable system so as to compete fairly.
(B) A franchisee or other person may not be excused from complying with any of the terms and conditions of this chapter or a franchise agreement by any failure of the city, upon one or more occasions, to require compliance or performance.
(C) (1) The city nu y, on its own motion or at the request of an applicant or franchisee for good cause shown, waive any requirement of this chapter.
(2) Where such a waiver would have a preferential or discriminatory affect vis-a-vis the operations of a franchisee providing service on a competitive basis, the city will grant a similar waiver to the other franchisee on its request. Where competitive cable franchises exist, all waiver requests shall be in writing and served on the other franchisee. Such other franchisee shall have ten days from receipt of a waiver request to comment to the city upon the request before the city acts on the request.
(1989 Code, § 115.17) (Ord. 1988, passed 11-9-1992)