(1) 
In addition to the inherent powers of the city to regulate and control this franchise, and those powers expressly reserved by the city, or agreed to and provided for herein, the right and power is hereby reserved by the city to promulgate such additional regulations as it shall find necessary in the exercise of its lawful powers and in furtherance of the terms and conditions of the franchise.
(2) 
The city may also adopt appropriate regulations at the request of the cable operator upon application.
(Ord. 758 § 3.1, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
Notwithstanding any other provisions of the franchise to the contrary, the cable operator shall at all times comply with all laws and regulations of the state and federal government or any administrative agencies thereof; provided, however, if any such state or federal law or regulation shall require the cable operator to perform any service, or shall permit the cable operator to perform any service, or shall prohibit the cable operator from performing any service, in conflict with the terms of this franchise or of any law or regulation of the city, then as soon as possible following knowledge thereof, the cable operator shall notify the city of the point of conflict believed to exist between such regulation or law and the laws or regulations of the city or the franchise. If the city determines that a material provision of this chapter is affected by any subsequent action of the state or federal government, the city shall have the right to modify any of the provisions herein to such reasonable extent as may be necessary to carry out the full intent and purpose of this chapter.
(Ord. 758 § 3.9, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
(1) 
No person, whether or not a subscriber to the cable system, may intentionally or knowingly damage or cause to be damaged any wire, cable, conduit, equipment or apparatus of the cable operator, or commit any act with intent to cause such damage, or to tap, tamper with or otherwise connect any wire or device to a wire, cable, conduit, equipment and apparatus, or appurtenances of the cable operator with the intent to obtain a signal or impulse from the cable system without authorization from or compensation to the cable operator, or to obtain cable television or other communications service with intent to cheat or defraud the cable operator of any lawful charge to which it is entitled.
(2) 
Any person convicted of violating any provision of this section is subject to a fine of not less than $50.00 nor more than $500.00 for each offense. Each day's violation of this section shall be considered a separate offense.
(Ord. 758 § 3.11, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
Any franchisee shall make all possible efforts to improve the quantity and quality of Washington State news and public affairs programming, including but not limited to applying to the FCC for a waiver of any signal carriage restrictions imposed by the FCC. The franchisee shall also make reasonable efforts to produce and obtain Washington State news and public affairs programming for the Vancouver metropolitan area.
(Ord. 758 § 3.12, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
No franchisee or any major stockholder of a franchisee shall directly or indirectly engage within the city in the business of selling, leasing, renting, servicing, or repairing radio or television sets or other receivers or parts thereof which make use of standard broadcast entertainment signals; provided, that nothing herein shall prevent a franchisee from making modifications to the tuner input circuit of the subscribers' television receivers and the fine tuning of the subscribers' operating controls only, to ensure proper operation under conditions of cable connection at the time of installation or in response to subscriber complaints, or from the selling, servicing, or repairing of receivers and other equipment belonging to other CATV system operators for use in the conduct of their business.
(Ord. 758 § 3.13, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
The council shall have the right to cancel the franchise 120 days after the appointment of a receiver, or trustee, to take over and conduct the business of the cable operator, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of such 120 days, or unless:
(1) 
Within 120 days after the election of appointment, such receiver or trustee shall have fully complied with all the provisions of this chapter and remedied all defaults thereunder; and
(2) 
Such receiver or trustee, within such 120 days, shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this chapter and the franchise granted to the cable operator.
(Ord. 758 § 3.7, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
(1) 
The city may hold regular performance valuation sessions annually on the anniversary dates of the effective date of a franchise granted pursuant to this chapter. All such evaluation sessions shall be conducted by the city manager, which shall forward its evaluation report and recommendations to council.
(2) 
Special evaluation sessions may be held at any time by the city manager during the term of any franchise.
(3) 
All regular evaluation sessions shall be open to the public and announced at least one week in advance in a newspaper of general circulation in the franchise area.
(4) 
Evaluation sessions shall deal with the grantee's performance of the terms and conditions of the franchise and compliance with state and federal laws and regulations.
(5) 
As part of the annual performance evaluation session, the grantee shall submit to the city manager a plant survey report, or map, acceptable to commission which includes a description of the portions of the franchise area that are cabled and have all cable services available, including those areas where the system has been upgraded pursuant to a franchise agreement. Such report shall also include such additional information as may be required by a franchise agreement. If the city manager has reason to believe that a portion or all of the cable system does not meet the applicable FCC technical standards, the city, at its expense, retains the right to appoint a qualified independent engineer to evaluate and verify the technical performance of the cable system.
(6) 
During evaluations under this section, grantees shall fully cooperate with the city manager and shall provide such information and documents as necessary and reasonable for the city manager to perform the evaluation.
(Ord. 1757 § 1 (Exhs. A, B), 2014; Ord. 1916 § 1 (Exh. A), 2020)
If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any person is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.
(Ord. 1757 § 1 (Exhs. A, B), 2014)