A. 
The town shall exercise appropriate regulatory authority under the provisions of this chapter and applicable law. This authority shall be vested in the Town Council and administered through the Town Supervisor or his designee in order to provide day-to-day administration and enforcement of the provisions of this chapter and any franchise granted hereunder and to carry out the town's responsibilities with regard to cable communications.
B. 
If a material provision is held to be invalid by a court of competent jurisdiction or rendered a nullity by federal or state legislature or regulatory action, the grantee and the town shall promptly and in good faith renegotiate provisions of this agreement affected by the loss of the aforementioned material provision to ensure that the town is restored, insofar as is reasonably possible, to its approximate status relative to the other as existed prior to said judicial, legislative or regulatory action.
C. 
The town reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable communications system, the franchise and the grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the town, the town may without the approval of the grantee engage in any such additional regulation as may then be permissible, whether or not contemplated by this chapter or the franchise, including, without limitation, regulation regarding franchise fees, taxes, programming, rates charged to subscribers and users, consumer protection or any other similar or dissimilar matter.
A. 
The town shall have the following regulatory responsibilities:
(1) 
Administration and enforcement of the provisions of this chapter and any franchise granted hereunder.
(2) 
Award, renewal, extension or termination of a franchise pursuant to the provisions of this chapter, the franchise and other applicable law.
(3) 
Consent prior to sale or transfer of any franchise granted hereunder.
(4) 
Performance evaluation.
(5) 
Rate regulation, if applicable.
B. 
The town also reserves the right to perform the following functions:
(1) 
Develop objectives and coordinate activities related to the operation of government channels.
(2) 
Approve procedures and standards for public, government and educational access and operations and services, including the use of dedicated channels and sharing of public facilities.
(3) 
Coordinate plans for expansion, interconnection and growth of cable services.
(4) 
Analyze the possibility of integrating cable communications with other town, state or regional telecommunications networks.
(5) 
Formulate and recommend long-range telecommunications policies for the town and determine the future cable-related needs and interests of the community.
(6) 
Provide the administrative effort necessary for the conduct of performance evaluations and any other activities required for the administration of the franchise.
(7) 
Monitor the grantee's process for handling citizen complaints and periodically inspect and analyze the records related to such complaints.
(8) 
Receive applications for rate increases if applicable and provide staff assistance in the analysis and recommendations thereto.
(9) 
Monitor the grantee's adherence to operational standards, service requirements and line extension policies.
(10) 
Assure compliance with applicable laws and local laws.
(11) 
Arrange tests and analysis of equipment and performance, as needed, to ensure compliance with this chapter and the franchise.
(12) 
Assure continuity in service.
(13) 
Receive for examination all data and reports required by this chapter.
C. 
Cable TV Advisory Committee. There shall be a citizen's advisory committee entitled the "Cable TV Advisory Committee." The responsibilities of the Cable TV Advisory Committee shall include but not be limited to the following:
(1) 
Monitor and advise the Town Council and town administration on the provisions of the town's cable television local law and related local laws.
(2) 
Serve as advisory body for the public, educational and municipal access channels of cable television and any institutional programming that may be developed.
(3) 
Advise the town government of objectives to be obtained in the town's cable communications system based upon its continued evaluation of the town's cable television franchise, cable technology and the future cable-related needs and interests of the community.
(4) 
Prepare an annual report to the Council.
(5) 
Cooperate with the town and the grantee in fulfilling its responsibilities herein.
A. 
The grantee shall file with the town schedules which shall describe all services offered, all rates and charges of any kind and all terms and conditions relating thereto. No rates or charges shall be effective except as they appear on a schedule so filed. The grantee shall notify subscribers in writing at least 30 days prior to the implementation of any change in services offered, rates charged or terms and conditions related thereto.
B. 
The grantee shall establish rates that are nondiscriminatory within the same general class of subscribers which must be applied fairly and uniformly to all subscribers in the franchise area for all services. Nothing contained herein shall prohibit the grantee from offering discounts to commercial and multiple-family dwelling subscribers billed on a bulk basis, promotional discounts or reduced installation rates for subscribers who have multiple services. The grantee's charges and rates for all services shall be itemized on the subscriber's monthly bills.
C. 
To the extent that federal or state law or regulation may now, or as the same may hereafter be amended to, authorize the town to regulate the rates for any particular service tiers, service packages, equipment or any other services provided by the grantee, the town shall have the right to exercise rate regulation to the full extent authorized by law or to refrain from exercising such regulation for any period of time, at the sole discretion of the town.
A. 
The town and the grantee shall, at the written request of the town, hold scheduled performance evaluation sessions annually. All such evaluation sessions shall be open to the public.
B. 
Special evaluation sessions may be held at any time during the term of the franchise at the request of the town.
C. 
All evaluation sessions shall be open to the public and announced in a newspaper of general circulation in accordance with public notice, as provided in § 70-47. The grantee shall notify subscribers of all such evaluation sessions by announcement on the designated local government channel on the system between the hours of 11:00 a.m. and 9:00 p.m. for five consecutive days preceding each session.
D. 
Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to, system performance and construction, grantee compliance with this chapter and the franchise, customer service and complaint response, subscriber privacy, services provided, programming offered, service rate structures, franchise fees, penalties, free or discounted services, applications of new technologies, judicial and FCC filings and line extensions.
E. 
During the review and evaluation by the town, the grantee shall fully cooperate with the town and shall provide such information and documents as the town may need to reasonably perform its review.