(1) Continuing regulatory jurisdiction. The mayor and council shall have continuing regulatory jurisdiction and supervision over the operation of any license granted pursuant to this chapter. However, it is recognized that the daily administrative, supervisory and enforcement responsibilities of the provisions of this chapter and the license agreement shall be delegated and entrusted to the city manager, or his designee, as hereafter provided.
(2) The city manager shall have the following responsibilities and authority:
(a) Interpret, administer and enforce the provisions of this chapter and the license agreement;
(b) Represent the city in all matters pertaining to the implementation of the provisions of this chapter and the license agreement;
(c) Resolve disputes or disagreements between subscribers, users, potential subscribers and users, and the licensee as to matters involving an interpretation of this chapter or the license agreement, or other matters subject to the city's jurisdiction, but only in the event that such parties are unable first to resolve their dispute; provided that, nothing in this section is meant to waive any rights a licensee may have to appeal the city's resolution of a dispute.
(d) Review and audit reports and other documents submitted to the city as required by this chapter or other law, so as to ensure that the necessary reports are completed and fulfilled pursuant to the terms of this chapter;
(e) Assure that all records, rules and charges pertinent to the system are made available for inspection at reasonable hours upon reasonable notice consistent with the license agreement and applicable law;
(f) Confer with licensees, assist in coordination among licensees, and enforce requirements under applicable law and license agreements for interconnections among cable systems and other systems;
(g) Consistent with this chapter, establish and administer sanctions as authorized by the mayor and council to ensure compliance with this chapter;
(h) Advise the mayor and council on matters which may constitute grounds for termination or revocation of the license agreement in accordance with this chapter and a license;
(i) Advise the mayor and council on proposed transfers of the system;
(j) Consistent with this chapter, promulgate regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing or use of the system as necessary;
(k) Ensure that the licensee makes any public access channel available to all residents of the city on a nondiscriminatory basis;
(l) Ensure that the operation of any public access channel is free of program censorship and control to the extent permitted by law;
(m) Perform any other duties assigned under the provisions of this chapter or other legislation which may hereafter be enacted by the mayor and council or such other related duties as the mayor and council may direct.
(Ord. No. 8937, § 2, 9-2-97)