The captions to sections throughout this Chapter are intended solely to facilitate reading and reference to the sections and provisions of this Chapter. Such captions shall not affect the meaning or interpretation of this Chapter.
Every franchise agreement shall provide that, without limiting such immunities as the City or other persons may have under applicable law, a franchisee shall have no recourse whatsoever against the City or its officials, boards, commissions, agents or employees for any loss, costs, expense or damage arising out of any provision or requirement of this Chapter or because of the enforcement of this Chapter or the City’s exercise of its authority pursuant to this Chapter, a franchise agreement, or other applicable law.
A franchisee shall not be deemed in default with provisions of its franchise where performance was rendered impossible by war or riots, civil disturbances, floods, or other natural catastrophes beyond the franchisee’s control, and a franchise shall not be revoked or a franchisee penalized for such noncompliance; provided, that the franchisee takes immediate and diligent steps to bring itself back into compliance and to comply with its franchise as soon as possible under the circumstances without unduly endangering the health, safety, and integrity of the franchisee’s employees or property, or the health, safety, and integrity of the public, public rights-of-way, public property, or private property.
In the event of a major public emergency or disaster as determined by the City, a franchisee immediately shall make the entire cable system, employees, and property, as may be necessary, available for use by the City or other civil defense or governmental agency designated by the City to operate the cable system for the term of such emergency or disaster for the emergency purposes, provided that the City shall return use of the entire cable system, employees, and property to the franchisee after the emergency or disaster has ended or has been addressed.
(A) 
Subscriber Rights. To the extent consistent with federal law, subscribers shall have the right to attach devices to a franchisee’s system to allow them to transmit signals or services for which they have paid to VCR’s, receivers, and other terminal equipment to a franchisee’s system. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment, and a franchisee shall provide information to consumers which will allow them to adjust such devices so that they may be used with the franchisee’s system.
(B) 
Franchisee Actions. A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna, or disconnect an antenna except at the express direction of the subscriber or potential subscriber, or provided that prohibit or discourage a subscriber from installing an antenna switch; provided, such equipment and installations are consistent with applicable codes such antenna is connected with an appropriate device and complies with applicable law.
The City is hereby authorized to adopt customer service standards with which franchisee must comply. In addition, franchisee shall at all times satisfy any additional or stricter requirements established by applicable law including, without limitation, FCC customer service standards and consumer protection laws.
Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Chapter or any franchise agreement, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of duration time.
If any term, condition, or provision of this Chapter shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding on the franchisee and the City.
(A) 
Persons Operating Without a Franchise or License. The operator of any cable system, the operation of which is required to be franchised under this Chapter, shall have three (3) months from the effective date of this Chapter to file one (1) or more applications for a franchise under this Chapter. Any operator filing such an application shall not be subject to a penalty under applicable law for failure to have such a franchise as long as said application remains pending.
(B) 
Persons Holding Franchises. Any person holding an outstanding cable franchise from the City may continue to operate under the existing franchise to the conclusion of its present term (but not any renewal or extension thereof) with respect to the services authorized by the franchise; provided, however, that such franchisee may elect at any time to apply for a superseding franchise under this Chapter, and must seek additional franchises to provide additional services; and provided further that, such person shall be subject to the provisions of this Chapter to the extent permitted by law.