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(a) The captions to sections throughout this chapter are intended solely to facilitate reading and reference to the sections and provisions of this chapter. Such captions shall not affect the meaning or interpretation of this chapter.
(b) Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this chapter or any franchise, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time.
(c) If any term, condition, or provision of this chapter shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency of competent jurisdiction, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law that renders valid the provision that had been held invalid, that provision shall thereupon return to full force and effect without further action by the city and shall thereafter be binding on the franchisee and the city.
(d) To the extent consistent with federal law, subscribers shall have the right to attach videocassette recorders, receivers, and other terminal equipment to a franchisee's cable system. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment. A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna, or disconnect any antenna except at the express direction of the subscriber or potential subscriber, or prohibit installation of a new antenna, provided that such antenna is connected with an appropriate device and complies with applicable law.
(e) A franchisee shall not discriminate among persons or the city or take any retaliatory action against a person or the city because of that person's or the city's exercise of any right it may have under federal, California, or city law, nor may a franchisee require a person or the city to waive such rights as a condition of taking service.
(f) A franchisee shall not refuse to employ, discharge from employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, color, creed, national origin, sex, age, disability, religion, ethnic background, or marital status. A franchisee shall comply with all federal, California, and local laws governing equal employment opportunities, and hiring practices.
(g) The operator of any system installed as of the effective date of this chapter, for which a franchise is required under this chapter, shall have three months from the effective date of this chapter to file one or more applications for a franchise. Any operator timely filing such an application under this Section 2.10.400(g) shall not be subject to a penalty for failure to have such a franchise so long as such application remains pending; provided, however, nothing herein shall relieve any operator of a cable communications system of any liability for its failure to obtain any permit or other authorization required under other provisions of the Palo Alto Municipal Code, and nothing herein shall prevent the city from requiring removal of any facilities installed in violation of the Palo Alto Municipal Code.
(h) Any person holding an existing franchise for a cable communications system as of the date this chapter is adopted may continue to operate under the existing franchise to the conclusion of its present term (but not any renewal or extension thereof) with respect to those activities expressly authorized by the franchise; provided that, such person shall be subject to the other provisions of this chapter to the full extent permitted by law.
(i) To the maximum extent permitted by law, pending applications shall be subject to this chapter. A person with a pending application shall have thirty days from the effective date of this chapter to submit additional information to comply with the requirements of this chapter governing applications.
(Ord. 4636 § 33, 2000)