In addition to the inherent powers of the Town to regulate and
control a cable service franchise, and those powers expressly reserved
by the Town or agreed to and provided for in a franchise agreement,
the right and power is hereby reserved by the Town to promulgate such
generally applicable additional regulations as it shall find necessary
in the exercise of its lawful powers and furtherance of the terms
and conditions of this chapter; provided, however, such rules, regulations,
terms or conditions shall not be in conflict with a franchise agreement
granted pursuant to this chapter or applicable law.
A grantee shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business
as shall be reasonably necessary to enable the grantee to exercise
its rights and perform its obligations under a franchise agreement
and to assure uninterrupted service to each and all of its customers;
provided, however, such rules, regulations, terms or conditions shall
not be in conflict with a franchise agreement granted pursuant to
this chapter or applicable law.
Notwithstanding any other provisions of this chapter to the
contrary, a grantee shall at all times comply with all laws and regulations
of the county (to the extent applicable), state, and federal government
or any administrative agencies thereof; provided, however, if any
such county, state or federal law or regulation shall require the
grantee to perform any service, permit the grantee to perform any
service or prohibit the grantee from performing any service, in conflict
with the terms of this chapter or of any law or regulation of the
Town, then as soon as possible following knowledge thereof, the grantee
shall notify the Town of the point of conflict believed to exist between
such regulation or law and the laws or regulations of the Town or
this chapter.
The Town reserves the right to regulate rates for basic cable
service and any other services offered over a cable system, to the
extent permitted by applicable law. A grantee shall be subject to
the rate regulation provisions provided for herein, and those of the
FCC.
To the extent any applicable law may in the future: i) permit
the Town to regulate any fee, charge or deposit, or any term or condition
with respect thereto; ii) permit the Town to increase the franchise
fee or the rate thereof; iii) permit the Town to assess the franchise
fee against items or categories of items; or iv) expand the authority
of the Town in any other way or manner, the Town shall not be estopped
or prohibited from so doing by any provision of a franchise agreement,
by virtue of having granted a franchise to a grantee, or by the existence
thereof.