(a) The City shall exercise appropriate regulatory authority under the provisions of this chapter and applicable law. This authority shall be vested in the City Council and administered through the Municipal Manager or his or her designee in order to provide day-to-day administration and enforcement of the provisions of this chapter and any franchise granted hereunder, and to carry out the City's responsibilities with regard to cable communications.
(b) Notwithstanding any other provision of this chapter to the contrary, a grantee shall, at all times, comply with all laws and regulations of the local, State and Federal Government. In the event that any actions of the State or Federal Government, or any agency thereof, or any court of competent jurisdiction upon final adjudication, substantially reduce in any way the power or authority of the City under this chapter or the franchise, or if, in compliance with any local, State, or Federal law or regulation, a grantee finds conflict with the terms of this chapter, the franchise or any law or regulation of the City, then as soon as possible following knowledge thereof, said grantee shall notify the City of the point of conflict believed to exist between such law or regulation and the laws or regulations of the City, this chapter and the franchise. The City, at its option, may notify said grantee that it wishes to negotiate those provisions which are affected in any way by such modification in regulations or statutory authority. Thereafter, said grantee shall negotiate in good faith with the City in the development of alternative provisions which shall fairly restore the City to the maximum level of authority and power permitted by law.
(c) The City reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable communications system, the franchise and a grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the City, the City may, without the approval of a grantee, engage in any such additional regulation as may then be permissible, whether or not contemplated by this chapter or the franchise, on matters limited to taxes, programming and consumer protection, provided that the City's regulation is based on demonstrable community needs, and taking into account the costs of meeting such needs.
(Ord. 95-17. Passed 9-18-95.)