(A) Any cable operator may file a written petition, at any time, with the town requesting relief from one or more provisions of this chapter. The relief requested may specifically include the delay in implementation (as to the petitioning cable operator only) of one or more provisions of this chapter.
(B) In order to receive any relief from one or more of the provisions of this chapter, a cable operator must satisfactorily demonstrate to the Board of Trustees that at least one of the following facts exist:
(1) The provision and/or requirement is expressly prohibited by federal law, the FCC or state law;
(2) 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) The imposition of the provisions and/or requirements will create an undue economic hardship on a cable operator so as to imperil or eliminate a cable operator’s ability to provide cable service to a majority of current subscribers.
(C) (1) As an alternative to requesting relief, a cable operator may petition for clarification as to the precise intent and effect that one or more provisions or sections of this chapter has on the petitioning cable operator.
(2) If the Board of Trustees grants relief to a franchised operator, then the franchise agreement shall be amended to reflect the exact extent of the relief.
(Prior Code, § 13.20.040) (Ord. 96-13.20, passed - -1996)