(A) Captions. The section and division numbers and captions throughout this chapter are intended to facilitate reading and reference. Such numbers and captions shall not affect the meaning or interpretation of any part of this chapter.
(B) Franchise references. A franchise which cites, refers to or otherwise incorporates this entire chapter or portions thereof shall be deemed to be a franchise issued under, and subject to this chapter. Such a franchise may employ, as sufficient for citation, reference or incorporation the section or division number and caption hereof, followed by a statement of the detail specification or requirement of the franchise pursuant to such reference.
(C) Filing. When not otherwise prescribed herein, all matter herein required to be filed with the grantor shall be filed with the grantor’s official or agency as designated by the grantor.
(D) Nonenforcement by the grantor. A grantee shall not be relieved of its obligation to comply with any of the provisions of this chapter or of its franchise or any law or regulation, by reason of any failure of the grantor to force prompt compliance.
(E) Continuity of service. It shall be the right of all subscribers to receive all available services within the obligations of the franchise insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to rebuild, modify or sell the system, the grantee shall use its reasonable efforts to ensure that all subscribers receive continuous, uninterrupted service to the extent reasonably possible. In the event of purchase by the grantor, or a change of the grantee, the current grantee shall cooperate with the grantor or new grantee to operate the system for a temporary period, to maintain continuity of service to all subscribers.
(F) Notices. All notices and other communications to the grantee shall be addressed to it at the address at which the grantee conducts its business. All notices and other communications to the grantor shall be addressed to it at its published address for receipt of public communications.
(G) Force majeure; grantee’s inability to perform. In the event the grantee’s performance of any of the terms, conditions, obligations or requirements of this chapter or any franchise granted hereunder, is prevented or impaired due to any cause beyond its reasonable control and not reasonably foreseeable, such inability to perform shall be deemed to be excused, and no penalties or sanctions shall be imposed as a result thereof. Such causes beyond the grantee’s reasonable control and not reasonably foreseeable shall include, but not be limited to, any acts of God, civil emergencies, labor unrest, strikes, inability to obtain gratis access to an individual’s property, and any inability of the grantor to secure all necessary permissions or permits to utilize necessary poles or conduits so long as the grantee utilizes due diligence to timely obtain said permissions or permits.
(H) Application. All of the provisions of this chapter shall be applicable only to those “franchises”, as defined in § 115.02, granted or renewed subsequent to the enactment of this chapter.
(I) Severability. If any provision of this subchapter is determined to be void or invalid by any administrative or judicial tribunal, said provision shall be deemed severable and such invalidation shall not invalidate the entirety of this chapter or any other provision thereof.
(J) Level playing field. The grantor shall grant and administer all cable television franchises it grants such that no individual grantee has a material advantage or disadvantage in its franchise obligations than any other grantee.
(2009 Code, § 8-1-15) (Ord. 93-5, passed 4-11-1993)