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A. Compliance with state and federal laws. Notwithstanding any provision of this franchise to the contrary, the grantee shall at all times comply with all laws and regulations of the state and federal government or any administrative agencies thereof. If any such state or federal law or regulation, as enacted, adopted or interpreted by any court or government agency subsequent to the date of this chapter, shall require the grantee to perform any service or shall permit the grantee to perform any service, or shall prohibit the grantee from performing any service, in conflict with the terms of this chapter or of any law or regulation of the grantor, then as soon as possible following knowledge thereof, the grantee shall notify the grantor of the point of conflict believed to exist between such regulation or law and the laws or regulations of the grantor of this chapter, and the grantee shall be excused from performance hereunder, provided that it acts in good faith reliance thereon, pending resolution of such conflict.
B. Separability; nonmaterial provisions. If any provision of this chapter or any related agreements is held by any court or by any federal, state or county agency of competent jurisdiction to be invalid as conflicting with any federal, state or county law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, and if said provision is considered nonmaterial by the grantor, said provision shall be considered a separate, distinct and independent part of this chapter, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof or thereof which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on the parties hereto, provided that the grantor shall give the grantee 30 days written notice of such change before requiring compliance with said provision.
C. Separability; material provisions. If any material section of this chapter, as determined by the grantor, is held to be invalid or preempted by federal or state regulations or laws, the grantor shall negotiate with grantee appropriate modifications to the franchise to provide reasonable relief from such invalidity or preemption, including the payment of liquidated damages. If the parties are unable to reach agreement on such modifications, then the dispute will be submitted to a mutually agreeable arbitrator, in accordance with state law, who will determine what modifications and/or liquidated damages are appropriate. The arbitrator's decision shall be binding on the parties, provided, that no decision of the arbitrator shall require the grantor or grantee to be in violation of any federal or state law or regulation.
D. Notices. All notices from grantee to the grantor pursuant to this franchise shall be to the City Clerk. Grantee shall maintain with the grantor, throughout the term of the franchise, an address for service of notices by mail, grantee shall also maintain within the franchise territory, a local office and telephone number for the conduct of matters related to this franchise during normal business hours.
E. Public notice. Minimum public notice of any public meeting relating to the franchise shall be publication at least once in a newspaper of general circulation in the area at least 30 days prior to the meeting, posting at City Hall, by announcement on at least two access channels of the grantee's cable communications system between the hours of 7:00 p.m. and 9:00 p.m., for five consecutive days prior to the meeting.
F. Nonenforcement by the grantor. The grantee shall not be relieved of its obligation to comply with any of the provisions of this chapter by reason of any failure of the grantor to enforce prompt compliance.
G. Theft of services and tampering.
(1) Offense. It shall be unlawful for any person:
(a) Without authority of the grantee, to knowingly obstruct, injure, break, tamper with or destroy or in any manner interfere with or interrupt any cable television service, line, cable or other cable television equipment, or the transmission of signals by the grantee in connection with such line, cable or equipment, or to knowingly take, carry away, injure or destroy any of the converters, posts, cables, wires, insulators, fixtures, equipment, installation or other things belonging to the grantee or used in connection with the furnishing of cable television service.
(b) To knowingly obtain or attempt to obtain cable service without the payment to the grantee of all lawful compensation.
(c) To knowingly divert, intercept, decode, descramble, convert, use or receive any television, radio, audio, video or other signal by any unauthorized connection with any line or cable of the grantee.
(d) To extend equipment designed to receive a cable transmission to an additional television set or sets, without the grantee's permission or knowingly making use of said additional sets or equipment.
(e) To knowingly retain or withhold possession from the grantee or refuse to delivery any appliance, equipment or property of the grantee which may have been used, loaned or rented in connection with such cable television service or to sell, loan or in any manner dispose of the same to any person other than the grantee thereof.
(f) Without the expressed authorization of the grantee, to knowingly manufacture, import into this City, distribute, sell, offer to sell, possess for sale, or advertise for sale any device, or any plant or kit for a device or for a printed circuit, designed in whole or in part to divert, intercept, decode or descramble any signal carried over the cable television system.
(g) To knowingly assist or instruct any other person in obtaining or attempting to obtain any cable television service with out the payment to the grantee of all lawful compensation.
(2) Prima facie evidence.
(a) It shall be prima facie evidence that a person has committed the crime of theft of cable television service if he is obtaining service from a grantee without authorization from the said grantee.
(b) The presence at any time on or about the wires, cables or other cable television equipment of the grantee of any device, wire or connection of any other modification not authorized by the grantee resulting in the diversion of television, radio, audio or other signals shall constitute prima facie evidence of the intention on the part of the person having custody or control of the room or place where such signals are diverted to violate Subsection G(1) of this section.
(3) Contraband equipment. Any device, kit for a device or for a printed circuit, designed to violate this section may be seized as contraband and no property right of the possessor shall exist in such property.
(4) Civil action.
(a) Any grantee may bring an action to enjoin and restrain any violation of the provisions of this chapter or bring an action for conversion. In addition to any actual damages, an operator may be entitled to punitive damages and reasonable attorneys fees.
(b) It is not a necessary prerequisite to an action pursuant to this section that the grantee have suffered, or be threatened with, actual damage.