(A) The town shall exercise appropriate regulatory authority under the provisions of this chapter, the Cable Act, and all applicable laws. This authority shall be vested in the Town Board and administered through the Town Manager or his/her designee in order to provide day-to- day administration and enforcement of the provisions of this chapter and any franchise granted hereunder, and to carry out the town’s responsibilities with regard to cable service.
(B) This chapter shall be construed in a manner consistent with all applicable federal and state laws.
(C) In the event that the federal or state government discontinues preemption in any area of cable communications over which it currently exercises jurisdiction in such manner as to expand rather than limit municipal regulatory authority, grantor may, if it so elects, adopt rules and regulations in these areas to the extent permitted by law, provided that the same do not materially alter the rights and obligations of a grantee under any existing franchise.
(D) Grantee’s rights are subject to the police powers of the town to adopt and enforce ordinances necessary to the health, safety, and welfare of the public. Grantee shall comply with all applicable general laws and ordinances enacted by the town pursuant to that power.
(E) (1) The provisions of this chapter shall apply to all franchises granted or renewed after the effective date of this chapter. This chapter shall also apply to all existing franchises, to the extent not inconsistent with the terms of any such franchise or applicable law. In the event of any conflict between the terms and conditions of a franchise agreement and the provisions of this chapter, and other generally applicable regulatory ordinances of the town, the specific terms of the franchise agreement shall control. A franchise agreement (including all of grantee’s particular rights, powers, protections, privileges, immunities, and obligations associated therewith as the same exist on the date hereof) shall constitute a legally binding contract between the town and grantee, and as such, cannot be amended, modified, or changed by the town without the consent of grantee in any manner whatsoever, whether by ordinance, rule, regulation, or otherwise, to impose on grantee more stringent or burdensome requirements or conditions, provided, however, that nothing herein contained shall preclude the town from the proper exercise of its police powers or its powers of eminent domain.
(2) In the event of a change in state or federal law which by its terms would require the town to amend this chapter, the parties shall modify the existing franchise in a mutually agreed upon manner.
(G) Grantee shall not be relieved of its obligation to comply with any of the provisions of this chapter or a franchise agreement by reason of any failure of the town to enforce prompt compliance.
(Ord. 1497, passed 2-22-06)