(A) Any cable operator may file a written petition, at any time, with the city 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 1 or more provisions of this chapter. In order to receive any relief from 1 or more of the provisions of this chapter, a cable operator must satisfactorily demonstrate to the Council that at least 1 of the following facts exist:
(1) The provision and/or requirement is expressly prohibited by federal law, the FCC or state law; or
(2) That 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) That the imposition of the provisions and/or requirements will create an undue economic hardship on the cable operator so as to imperil or eliminate the cable operator's ability to provide cable service to a majority of current subscribers.
(B) As an alternative to requesting relief, a cable operator may petition for clarification as to the precise intent and effect that 1 or more provisions or sections of this chapter has on the petitioning cable operator.
(C) If the Council grants relief to a cable operator, then the franchise agreement shall be amended to reflect the extent of the relief.
(Ord. 4016, § 1, 12-17-2019)