(a) 
The City shall reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. The City may delegate that power and right, or any part thereof, in its sole discretion, to the extent permitted under State and local law; provided, however, grantee shall have the right of appeal to the legislative body of the City any adverse determination made by a delegate of the City.
(b) 
Nothing in this franchise shall limit nor expand the City’s right of eminent domain under State law.
All of grantee’s rates and charges related to or regarding cable services shall be subject to regulation by the City to the full extent authorized by applicable federal, State and local laws.
All of grantee’s rates and charges shall be published (in the form of a publicly available rate card) and be nondiscriminatory as to all persons and organizations of similar classes, under similar circumstances and conditions. Grantee shall apply its rates in accordance with governing law, with identical rates and charges for all subscribers receiving identical cable services, without regard to race, color, ethnic or national origin, religion, age, sex, sexual orientation, marital, military or economic status, or physical or mental disability or geographic location within the City. Grantee shall offer the same cable services to all residential subscribers at identical rates and to multiple dwelling unit subscribers as authorized by FCC rules. Grantee shall permit subscribers to make any lawful in-residence connections the subscriber chooses without additional charge nor penalty to the subscriber therefor. However, if any in-home connection requires service from grantee due to signal quality, signal leakage or other factors, caused by improper installation of such in-home wiring or faulty materials of such in-home wiring, the subscriber may be charged reasonable service charges by grantee. Nothing herein shall be construed to prohibit:
(a) 
The temporary reduction or waiving of rates or charges in conjunction with valid promotional campaigns; or
(b) 
The offering of reasonable discounts to senior citizens or economically disadvantaged citizens; or
(c) 
The offering of rate discounts for cable service; or
(d) 
The grantee from establishing different and nondiscriminatory rates and charges and classes of service for commercial subscribers, as allowable by federal law and regulations.
(a) 
Throughout the term of this franchise, grantee shall maintain on file with the City a complete schedule of applicable rates and charges for cable services provided under this franchise. Nothing in this subsection shall be construed to require grantee to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns. As used in this subsection, no rate or charge shall be considered temporary if subscribers have the ability over a period greater than 12 consecutive months (or such other period as may be approved by the City) to purchase cable services at such rate or charge.
(b) 
Upon written request of the City, grantee shall provide a complete schedule of current rates and charges for leased access channels, or portions of such channels, provided by grantee. The schedule shall include a description of the price, terms, and conditions established by grantee for leased access channels.
Grantee shall comply with all applicable laws regarding rates for cable services and all applicable laws covering issues of cross subsidization.
The grantee and the City each reserve all rights and authority arising from the Cable Act and any other relevant provisions of federal, State, or local law.
Whenever this franchise sets forth a time for any act to be performed by grantee, such time shall be deemed to be of the essence, and any failure of grantee to perform within the allotted time may be considered a material breach of this franchise, and sufficient grounds for the City to invoke any relevant remedy.
Either party may at any time seek an amendment of this franchise by so notifying the other party in writing. Within 30 days of receipt of notice, the City and grantee shall meet to discuss the proposed amendment(s). If the parties reach a mutual agreement upon the suggested amendment(s), such amendment(s) shall be submitted to the City Council for its approval. If so approved by the City Council, and the grantee, then the amendment(s) shall, referred to the electorate pursuant to paragraph 119 of the City Charter.
(a) 
The City may hold performance evaluation sessions within 30 days of the triennial anniversary dates of the effective date of this franchise. All such evaluation sessions shall be conducted by the City.
(b) 
Special evaluation sessions may be held at any time by the City during the term of this franchise upon reasonable prior written notice to grantee.
(c) 
All evaluation sessions shall be open to the public and announced at least two weeks in advance in a newspaper of general circulation in the City.
(d) 
Topics which may be discussed at any evaluation session may include, but are not limited to, those matters over which this franchise and/or applicable law gives the City regulatory control or authority; provided, that nothing in this subsection shall be construed as requiring the renegotiation of this franchise.
(e) 
During evaluations under this subsection, grantee shall fully cooperate with the City and shall provide such information and documents as the City may reasonably require to perform the evaluation.
(a) 
For purposes of this subsection, any assessment, charge, cost, fee or sum, however characterized, that the grantee imposes upon a subscriber solely for late payment of a bill is a late fee and shall be applied in accordance with applicable law.
(b) 
Nothing in this subsection shall be deemed to create, limit or otherwise affect the ability of the grantee, if any, to impose other assessments, charges, fees or sums other than those permitted by this subsection, for the grantee’s other services or activities it performs in compliance with applicable law, including FCC law, rule or regulation.
(c) 
The grantee’s late fee and disconnection policies and practices shall be nondiscriminatory and such policies and practices, and any fees imposed pursuant to this subsection, shall apply equally in all parts of the City without regard to the neighborhood or income level of the subscriber.
In the event grantee is prevented or delayed in the performance of any of its obligations under this franchise by reason beyond the control of grantee, grantee shall have a reasonable time, under the circumstances, to perform the affected obligation under this franchise or to procure a substitute for such obligation which is reasonably satisfactory to the City. Those conditions which are not within the control of grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions which have a direct and substantial impact on the grantee’s ability to provide cable services in the City and which was not caused and could not have been avoided by the grantee using its reasonable best efforts in its operations to avoid such results.
If grantee believes that a reason beyond its control has prevented or delayed its compliance with the terms of this franchise, grantee shall provide documentation as reasonably required by the City to substantiate the grantee’s claim. If grantee has not yet cured the deficiency, grantee shall also provide the City with its proposed plan for remediation, including the timing for such cure. To the extent any nonperformance is the result of any force majeure condition, grantee shall not be held in default nor suffer any penalty as a result.