§ 19-12. REGULATORY AUTHORITY.
   (a)   Authority. The town reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable system, the franchise and the franchisee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the town, the town may without the approval of the franchisee engage in any such additional regulation as may then be permissible, whether or not contemplated by this code or the franchise, including without limitation, regulation regarding franchise fees, taxes, programming, rates charged to subscribers, consumer protection, or any other similar or dissimilar matter. The town agrees to meet and confer with the franchisee prior to enacting new regulatory ordinances.
   (b)   Right of inspection of cable facilities. The town shall have the right to inspect all cable facilities or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of this code and other pertinent provisions of the law.
   (c)   Town regulation. To the extent that federal or state law or regulation may now, or as the same may hereafter be amended by legislation, administration regulation or decision, or judicial determination, to authorize the town to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by franchisee, the town shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the town. The Town shall provide advance notification to the franchisee of its intention to exercise any such regulation and written notification when such ordinance is adopted. However, failure to so provide advance notification to the franchisee or written notification when such ordinance is adopted shall not be a basis upon which to declare a franchise agreement in breach or to invalidate the adopted ordinance.
(Ord. 94-05, passed 12-14-94)