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,
and to assure an uninterrupted service to each and all of its customers;
provided, however, that such rules, regulations, terms and conditions
shall not be in conflict with the provisions of this chapter or applicable
state and federal laws, rules and regulations.
Copies of all petitions, applications, communications
and reports either submitted by a grantee to the FCC, Securities and
Exchange Commission, or any other federal or state regulatory commission
or agency having jurisdiction in respect to any matters affecting
cable television operations authorized pursuant to the franchise,
or received from such agencies, shall be provided to the County upon
request.
A grantee shall file annually with the County,
no later than 120 days after the end of the grantee's fiscal year,
a copy of a gross revenues statement certified by an officer of the
grantee.
At the expiration of the term for which a franchise
is granted or if any renewal request is denied, or upon the termination
of a franchise as provided herein, a grantee shall forthwith, upon
reasonable notice by the County, remove at its own expense all designated
portions of its cable television system from all streets and public
property within the County. If a grantee fails to do so within 12
months of notice, the County may perform the work at the grantee's
expense. Upon such notice of removal, a bond shall be furnished by
a grantee in an amount sufficient to cover this expense.
In addition to the inherent powers of the County
to regulate and control a cable television franchise, and those powers
expressly reserved by the County or agreed to and provided for in
a franchise agreement, the right and power is hereby reserved by the
County to promulgate such 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, that
such rules, regulations, terms or conditions shall not be in conflict
with any franchise agreement granted hereunder or applicable state
and federal laws, rules and regulation.
The County reserves the right to regulate rates
for basic cable service and any other services offered over the cable
system, to the extent permitted by federal or state law. The grantee
shall be subject to the rate regulation provisions provided for herein,
and those of the FCC. The County shall follow the rules relating to
cable rate regulation promulgated by the FCC.
If any provision of this chapter is held by
any court or by any state or federal agency of competent jurisdiction
to be invalid as conflicting with any federal or state law, rule or
regulation now or hereinafter in effect, or is held by such court
or agency to be modified in any way in order to conform to the requirements
of any such law, rule or regulation, such provision shall be considered
a separate, distinct, and independent part of this chapter, and such
holding shall not affect the validity and enforceability of all other
provisions hereof.
A grantee shall not oppose intervention by the
County in any suit or proceeding to which the grantee is a party in
connection with a franchise hereunder.