A. Any MCS provider affected by this ordinance may file a written petition, at any time, with the Council/franchising authority seeking relief from one (1) or more provisions of this ordinance. The relief requested may specifically include the delay in implementation (as to the petitioning MCS provider only) of one (1) or more provisions of this ordinance.
B. In order to receive any relief from one (1) or more of the provisions of this ordinance, a non-exempt MCS provider must satisfactorily demonstrate to the Council/franchising authority that at least one (1) of the following facts exist:
1. the provision and/or requirement is expressly prohibited by Federal law, the FCC, or State law; or
2. where applicable, that the provision in question materially affects, and is in conflict with an expressed right that is specifically noted in an existing franchise agreement (but only for the term of the existing franchise); or
3. that the imposition of such provisions and/or requirements will create such an undue economic hardship on an MCS provider so as to imperil or eliminate an MCS provider's ability to provide multi-channel service to a majority of current subscribers; or
4. that the MCS provider has its own construction, maintenance, operation, or customer service policy, which the Council/franchising authority deems comparable to, or exceeding, any provision and/or requirement from which the MCS provider seeks relief.
C. Unless delegated to another authorized representative of the City, the Council/franchising authority shall have the responsibility of determining whether an MCS provider's construction, maintenance, operation, or customer service policy, is comparable to, or exceeds, a similar provision in this ordinance.
D. As an alternative to seeking an exemption, or requesting relief, an MCS provider may petition for clarification on the precise intent and effect that one (1) or more provisions or sections of this ordinance has on the petitioning MCS provider.
E. In accordance with this ordinance, the Council/franchising authority may charge the petitioning MCS provider with the actual costs for processing such a petition, including any costs incurred by outside consultants who are retained by the City to review an MCS provider's petition.
F. In those instances where the Council/franchising authority grants an exemption, or relief, or clarification, to a franchised MCS provider, or deems a franchised MCS provider's operational policy to be comparable to an ordinance provision, then the franchise agreement (initial, existing, or renewal) shall be amended within thirty (30) days to reflect the exact extent of such exemption and/or relief. It should be specifically noted that the benefit of such exemption, relief, clarification, or comparable policy extends only to the MCS provider granted such exemption, relief, clarification, or comparable policy.