A.
The County shall exercise appropriate regulatory authority
under the provisions of this chapter and applicable law. This authority
shall be vested in the County Council and administered through the
County Manager or his 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 County's responsibilities
with regard to cable communications.
B.
Notwithstanding any other provisions of this chapter
to the contrary, the grantee shall at all times comply with all applicable
laws and regulations of the local, state and federal government. In
the event that any actions of the state or federal government or any
agency thereof, or any court of competent jurisdiction upon final
adjudication, substantially reduce in any way the power or authority
of the County under this chapter or the franchise, or if in compliance
with any local, state, or federal law or regulation, the grantee finds
conflict with the terms of this chapter, the franchise, or any law
or regulation of the County, then as soon as possible following knowledge
thereof, the grantee shall notify the County of the point of conflict
believed to exist between such law or regulation and the laws or regulations
of the County, this chapter and the franchise. The County, at its
option, may notify the grantee that it wishes to negotiate those provisions
which are affected in any way by such modification in regulations
or statutory authority. Thereafter, the grantee shall negotiate in
good faith with the County in the development of alternate provisions
which shall fairly restore the County to the maximum level of authority
and power permitted by law.
C.
The County reserves the right to exercise the maximum
plenary authority, as may at any time be lawfully permissible, to
regulate the cable communications system, the franchise and the grantee.
Should applicable legislative, judicial or regulatory authorities
at any time permit regulation not presently permitted to the County,
the County may, after 30 days' written notice to the grantee, engage
in any such additional regulation as may then be permissible, whether
or not contemplated by this chapter or the franchise, including, without
limitation, regulation regarding franchise fees, taxes, programming,
rates charged to subscribers and users, consumer protection, or any
other matter.
A.
The grantee shall file with the County, 30 days prior
to any change, schedules which shall describe all services offered,
all rates and charges of any kind, and all terms and conditions relating
thereto.
B.
The grantee shall establish rates that are nondiscriminatory
within the same general class of subscribers which must be applied
fairly and uniformly to all subscribers in the franchise area for
all services. Nothing contained herein shall prohibit the grantee
from offering:
A.
The County and the grantee shall, at the discretion
of the County, hold scheduled performance evaluation sessions annually.
All such evaluation sessions shall be open to the public.
B.
Special evaluation sessions may be held at any time
during the term of the franchise at the request of the County.
C.
During the review and evaluation by the County, the
grantee shall fully cooperate with the County and shall provide such
information and documents as the County may need to reasonably perform
its review.
