In addition to the inherent powers of the County to regulate
and control a cable service 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
duly 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, such rules, regulations,
terms or conditions shall not be in conflict with a franchise agreement
granted pursuant to this chapter or applicable law.
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 agreement
and to assure uninterrupted service to each and all of its customers;
provided, however, such rules, regulations, terms or conditions shall
not be in conflict with a franchise agreement granted pursuant to
this chapter or applicable law.
Notwithstanding any other provisions of this chapter to the
contrary, a grantee shall at all times comply with all laws and regulations
of the local, state and federal government or any administrative agencies
thereof; provided, however, if any such state or federal law or regulation
shall require the grantee to perform any service, permit the grantee
to perform any service or prohibit the grantee from performing any
service, in conflict with the terms of this chapter or of any law
or regulation of the County, then as soon as possible following knowledge
thereof, the grantee shall notify the County of the point of conflict
believed to exist between such regulation or law and the laws or regulations
of the County or this chapter.
The County reserves the right to regulate rates for basic cable
service and any other services offered over a cable system, to the
extent permitted by applicable law. A grantee shall be subject to
the rate regulation provisions provided for herein, and those of the
FCC.
To the extent any applicable law may in the future (i) permit
the County to regulate any fee, charge or deposit, or any term or
condition with respect thereto; (ii) permit the County to increase
the franchise fee or the rate thereof; or (iii) permit the County
to assess the franchise fee against items of categories of items;
or (iv) expand the authority of the County in any other way or manner,
the County shall not be estopped or prohibited from so doing by any
provision of a franchise agreement, by virtue of having granted a
franchise to a grantee or by the existence thereof.
