(a) No non-entertainment service (whether or not of an interactive nature) provided through the cable communications system shall be provided or operated in a manner which is detrimental to the public peace, health, safety, or welfare.
(b) The Board, from time to time, during the term of a franchise, after public hearings, notice of which is given in the manner prescribed by Section 11-1.406 of Article 4 of this chapter, and subject to the Act, may exercise the following powers:
(1) Prohibit or adopt rules or regulations governing the provision of the manner of operation or the provision of a non-entertainment service which either has been described by the application for the franchise but not identified in the ordinance offering the franchise, or which has not been described, identified, or specified either in the application or ordinance offering the franchise, and which has not been approved pursuant to subsection (b)of Section 11-1.1304 of this article; or
(2) Adopt rules or regulations governing or modifying or adding conditions relating to the provision or manner of operation or provision of a non-entertainment service which has either been identified by the franchise agreement or approved pursuant to subsection (b)of said Section 11-1.1304.
(c) A grantee shall comply with any such conditions, rules, or regulations; provided, however, with respect to any service identified by the ordinance offering the franchise or approved pursuant to subsection (b)of said Section 11-1.1304, a grantee shall be authorized to terminate the service in lieu of complying with the conditions, rules, or regulations applicable thereto adopted pursuant to this section.
(d) The powers of the Board under this section are coextensive with those which are authorized by laws of the State or United States and with those defined by the police power expressed by Section 7 of Article XI of the Constitution of the State. A grantee 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 communications operator. (§ 1, Ord. 961, eff. October 27, 1983, as amended by § 12, Ord. 999, eff. March 7, 1985)