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Unless prohibited by federal or state law, the Board of Trustees may delegate its powers and authorities with respect to a cable operator to one or more duly authorized representatives of the town, including the Mayor, the Town Administrator, a cable advisory committee or an outside consultant; provided, the Board of Trustees may never delegate its franchising or revocation power to another person.
(Prior Code, § 13.20.030) (Ord. 96-13.20, passed - -1996)
(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)
A cable operator shall not be excused from complying with any of the requirements of this chapter by any failure of the town on any one or more occasions to seek, or insist upon compliance with this chapter.
(Prior Code, § 13.20.050) (Ord. 96-13.20, passed - -1996)
(A) Any cable operator, its assignee or transferee shall be subject to, and expected to comply with:
(2) All ordinances in effect within the town including the ordinance codified in this chapter, to the extent that the cable operator has not received exemption or relief;
(2) All federal and state laws, and all rules and regulations issued by all applicable regulatory agencies; and
(3) All lawful exercise of the town’s police power.
(B) Nothing contained in this section shall prevent a cable operator from exercising any, and all, of its administrative and legal rights as to the constitutionality, applicability and enforceability of this chapter or any later amendments.
(Prior Code, § 13.20.060) (Ord. 96-13.20, passed - -1996)
If any provision or section of this chapter is inconsistent with any provision or section of a federal or state rule, regulation or law, then the federal or state rule, regulation or law shall control.
(Prior Code, § 13.20.070) (Ord. 96-13.20, passed - -1996)
CONDITIONS AND REGULATIONS
Subject to preemption by the FCC or any other federal or state governmental entity or agency, the town retains the authority for:
(A) The regulation and control of any cable system within the geographical limits of the town and within the limits prescribed by applicable law;
(B) The award and grant of a cable franchise subsequent to review of an application or proposal by the Board of Trustees;
(C) Subject to the provisions of § 113.06 of this chapter and any relief or exemption granted with respect to those provisions, the amendment or repeal of all or part of this chapter;
(D) The amendment of a franchise by mutual agreement of the Board of Trustees and the holder of the franchise;
(E) The regulations of any and all rates and charges associated with the provision of any services offered over the system. If the town chooses to regulate rates the town shall abide by all applicable state and federal laws and regulations including the regulations of the Federal Communications Commission found at 47 C.F.R. §§ 76.900 through 76.987 et seq., as may from time to time be amended;
(F) The enforcement of all laws and regulations relating to cable customer service practices and consumer protection; and
(G) The enforcement of all laws and regulations relating to the technical and operational standards associated with providing cable television services.
(Prior Code, § 13.20.080) (Ord. 96-13.20, passed - -1996)
(A) The town and each cable operator shall provide the other party with the name and address of the contact person designated to receive notices, filings, reports, records, documents and other correspondence.
(B) (1) All notices shall be delivered to each party’s contact person by certified mail, return receipt requested, personal service with signed receipt of delivery or overnight with receipt verification.
(2) All other filings, reports, records, documents and other correspondence may be delivered by any permissible means including, but not limited to: facsimile transmission (“faxing”); personal service, overnight mail or package delivery.
(3) The delivery of all notices, reports, records and other correspondence shall be deemed to have occurred at the time of receipt (unless otherwise designated by state law).
(4) The designation of the contact person for notice purposes may be contained within any franchise agreement.
(Prior Code, § 13.20.090) (Ord. 96-13.20, passed - -1996)
(A) Each cable operator shall indemnify, defend and hold the town, its officers, boards, commissions, agents and employees (collectively the “indemnified parties”) harmless from and against any and all lawsuits, claims, causes of action, actions, liability, demands, damages, judgments, settlements, losses, expenses (including reasonable attorneys’ fees) and costs of any nature that any of the indemnified parties may at any time, directly or indirectly, suffer, sustain or incur arising out of, based upon or in any way connected with the grant of a franchise to a cable operator, the operation of the cable operator’s cable system and/or the act and/or omissions of the cable operator or its agents or employees, whether or not pursuant to this chapter or any franchise granted hereunder.
(B) This indemnity shall apply, without limitation, to any action or cause of action for invasion of privacy, defamation, anti-trust, errors an omissions, theft, fire, violation or infringement of any copyright, trademark, trade names, service mark, patent or any other right of any person whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter or any franchise agreement, but shall exclude any claim or action arising out of the acts of omissions of indemnified parties or related to any town programming or other access programming for which the cable operator is not legally responsible.
(Prior Code, § 13.20.100) (Ord. 96-13.20, passed - -1996)
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