Village of Scarsdale, NY Article VII Operator Relief From Rules

§ A275-18 Relief procedures.

A. A franchisee or cable operator may seek relief from these rules and regulations by filing a written petition, at any time, with the Commission. The relief requested may specifically include the exemption from or delay in implementation (as to the petitioning franchisee or cable operator only) of one or more provisions of these rules or that a specific provision be required for only part of any franchise term. The petition shall set forth the relief requested and the basis thereof with such supporting information and material as may be applicable.

B. In order to receive any relief from one or more of the provisions of these rules, a franchisee or cable operator must satisfactorily demonstrate to the Commission that at least one of the following facts exists:

(1) The provision and/or requirement is expressly prohibited by federal law, the FCC, New York State law or the State Commission rules and regulations;

(2) Where applicable, the provision in question materially affects and is in conflict with an express right that is specifically noted in an existing franchise agreement, but only for the term of the existing franchise [This provision covers situations where a franchisee seeks and is granted modification of an existing franchise agreement under § 625 of the Federal Cable Act (Cable Communications Policy Act of 1984, Public Law 98-549, as amended by the Cable Television Consumer Protection and Competition Act of 1992, Public Law 102-385, amending 47 U.S.C. § 521 et seq., codified at 47 U.S.C. § 545).]; or

(3) Compliance with a particular provision and/or requirement will be commercially impracticable for a franchisee or cable operator;

(4) One or more time periods listed in these rules and regulations are either impossible to meet or impractical to meet;

(5) The franchisee or cable operator has its own construction, maintenance, operation or customer service policy which the Commission deems comparable to or exceeding any provision and/or requirement from which the operator seeks relief; or

(6) The health, safety and welfare interests of the Village otherwise warrant the granting of such relief.

C. Unless delegated to another authorized representative of the Village, the Commission shall have the responsibility of determining whether a franchisee's or cable operator's construction, maintenance, operations or customer service policy is comparable to or exceeds a similar provision of these rules.

D. As an alternative to seeking an exemption or requesting relief, a franchisee or cable operator may petition for clarification on the precise intent and effect that one or more provisions or sections of these rules or regulations has on the petitioning franchisee or cable operator.

E. The Commission may charge the petitioning franchisee or cable operator with the actual costs for processing such a petition, including any costs incurred by outside consultants who are retained by the Village to review the petition; provided, however, that no such charge may be imposed upon a franchisee or cable operator that is otherwise committed to pay a franchise fee that is at the maximum limit of such fees pursuant to applicable law, unless the franchisee or cable operator, by petition, seeks a substantial waiver of material provisions of these rules previously understood to be applicable to the franchisee or cable operator, and such petition causes the Village to incur administrative costs not previously anticipated in the determination of the franchise fee.

F. In those instances where the Commission issues an order granting an exemption or relief for a franchisee or cable operator or deems a petitioner's operational policy to be comparable to a provision(s) in the rules, then the franchise agreement (initial, existing or renewal) shall be amended within 60 days to reflect the exact extent of such exemption and/or relief; provided, however, that a failure to so amend a franchise agreement shall not subject the franchisee to liability if the exemption or relief was properly granted. It should be specifically noted that the benefit of such exemption, relief, clarification or comparable policy extends only to the franchisee or cable operator granted such exemption, relief, clarification or comparable policy.

G. Any application for modification must be accompanied by an affidavit or declaration of the applicant or authorized officer certifying to the truth and accuracy of the information in the application, and certifying that the application is consistent with all federal and state law requirements.