No nonentertainment services (whether or not of an interactive nature) provided through the cable television system shall be provided or operated in a manner which is detrimental to the public peace, health, safety or welfare.
The board of directors of the cable television commission may, from time to time during the term of a franchise, after public hearings notice of which is given in the manner prescribed by Section 5.28.080 of this chapter, exercise the following powers:
A. Prohibit or adopt rules or regulations governing the provision or manner of operation or provision of a nonentertainment service which either has been described by the application for the franchise but not identified in the resolution offering the franchise or which has not been described, identified or specified either in the application or resolution offering the franchise, and which has not been approved pursuant to the last paragraph in Section 5.28.1290 of this chapter;
B. Adopt rules or regulations governing, or modifying or adding conditions relating to, the provision or manner of operation or provision of a nonentertainment service which has either been identified by the resolution offering the franchise or approved pursuant to the last paragraph in Section 5.28.1290 of this chapter; or
C. Adopt regulations relating to opportunities for use of the cable television system by others, in relation to a specific nonentertainment service provided by the franchisee, including the circumstances under which leased access for such purposes will be provided.
A franchisee shall comply with any such conditions, rules or regulations; provided that with respect to any service identified by the resolution offering the franchise or approved pursuant to the last paragraph in Section 5.28.1290 of this chapter, a franchisee shall be authorized to terminate the service in lieu of complying with conditions, rules or regulations applicable thereto adopted pursuant to this section.
The powers of the board of directors of the commission under this section are coextensive with those which are authorized by laws of the state of California or United States and with those defined by the police power expressed by Article XI, Section 7 of the California Constitution. A franchisee shall not in relation to this section be deemed to have contractually or otherwise waived any constitutional right which would otherwise be applicable to a franchised cable television operator. (Prior code § 20.06.508)