803.11  NEW DEVELOPMENTS.
   (a)   A grantee may improve, upgrade and expand its telecommunications service/cable television system and cable television services in order to incorporate new developments in the state of the art. A grantee shall not implement or provide services other than cable television services without the express prior consent and approval of the City; provided, however, that such approval will not be required where State or Federal law preempts the authority of the City.
   (b)   In addition to those matters required in a franchise, grantees recognize that a franchise is a bilateral contract between the grantee and the City. To the extent that the franchise is an exercise of the police power of the City, it may be changed or modified without a grantee's consent, to the extent that the modification does not materially alter or affect the rights granted hereunder to the grantee.
   (c)   A grantee shall at all times comply with all laws and regulations of the State and Federal government or any administrative agency, unless released by law. However, if such State or Federal law or regulation shall require a grantee to perform any service, permit a grantee to perform any service or prohibit a grantee from performing any service, in conflict with the terms of the franchise or of any law or regulation of the City, a grantee shall notify the City of the point of conflict believed to exist between such regulation or law and the laws or regulations of the City or the franchise.
   (d)   If any provision of the franchise is held by any court of competent jurisdiction to be invalid as conflicting with any Federal or State law, rule or regulation now or hereafter in effect, or is held by such court to be modified in any way in order to conform to the requirements of any law, rule or regulation, said provision may be considered a separate, distinct and independent part of the franchise, and such holding shall not affect the validity and enforceability of all other provisions. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision which has been held invalid or modified is no longer in conflict with such law, rule or regulation, said provision shall return to full force and effect and shall be binding on all parties.
   (e)   If the City determines that a material provision of a franchise is affected by action of a court or of the State or Federal Government, the City shall have the right to modify any of the provisions to such reasonable extent as may be necessary to carry out the full intent and purpose of the franchise.
   (f)   For new housing developments in the City, a grantee shall provide cable service to the development within six months of the completion of the first owner- occupied housing unit.
   (g)   For existing business and new commercial construction, service will be installed by a grantee as long as the same is economically feasible for the grantee, or there is aid in construction to the business or commercial enterprise. The grantee may also take into account its ability to recoup its investment within a reasonable time when installing its service into an existing or new business or commercial setting.
(Ord. 615.  Passed 9-5-95.)