7-1-11: PREEMPTION:
   A.   In the event that federal or state laws, rules or regulations preempt a provision or limit enforceability of a provision of this chapter, then the provision shall be read to be preempted but only to the extent and for the time, required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended, or otherwise changed so that the provision herein that had been preempted is no longer preempted, parties shall negotiate in good faith to establish reasonable time frames in which such provision shall thereupon return to full force and effect, and shall thereafter be binding on all grantees, without the requirement of further action on the part of the county.
   B.   According to FCC rule, cable modem services are classified as "information services" whose regulation by state and local authorities has been preempted by federal law. In the event that FCC rule or judicial determination alters the status of cable modem services such that state and local regulation is no longer preempted, the county expressly reserves the right to treat cable modem services in the same manner as a telecommunications service under this chapter without further amendment. (Ord. 800, 3-6-2013; amd. Ord. 800-A, 2-5-2020)