[R.O. 2012 §655.310; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
Whenever the Cable and Wireless Communications Code or a separate
franchise agreement sets forth any time for any action to be performed
by, or on behalf of, an operator, such time shall be deemed of the
essence.
[R.O. 2012 §655.320; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
In addition to access to the records of an operator for financial
audits, an operator shall provide reasonable access to records necessary
to verify compliance with the terms of the Cable and Wireless Communications
Code and any franchise agreement.
[R.O. 2012 §655.330; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
An operator shall not be relieved of its obligation to comply
with any of the provisions of the Cable and Wireless Communications
Code or a separate franchise agreement by reason of any failure of
the City to enforce prompt compliance.
[R.O. 2012 §655.340; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
Each provision of the Cable and Wireless Communications Code
or a separate franchise agreement shall be considered a separate,
distinct and independent part of the Cable and Wireless Communications
Code or separate franchise agreement. If any provision of the Cable
and Wireless Communications Code or a separate franchise agreement
is held by a court or by any Federal or State agency to be invalid
as conflicting with any Federal or State law, rule or regulation now
or hereafter 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, the conflicting provision shall be considered
to be a separate, distinct and independent part of the Cable and Wireless
Communications Code or separate franchise agreement, and such holding
shall not affect the validity and enforceability of any other provision
of the Cable and Wireless Communications Code or separate franchise
agreement.
[R.O. 2012 §655.350; Ord. No. 98-1-8 §1, 1-26-1998]
An operator shall conform with all Federal and State laws and
rules regarding cable communications pursuant to the effective date
of such laws or rules. An operator shall also conform with all City
ordinances, rules and regulations heretofore or hereafter adopted
or established during the term of its franchise.
[R.O. 2012 §655.360; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
Titles to Sections and Subsections of the Cable and Wireless
Communications Code and any separate franchise agreement are provided
for ease of locating information within the Cable and Wireless Communications
Code or separate franchise agreement only. A title shall not be deemed
to change or alter the meaning of any Section or Subsection. The language
of each Section and Subsection, regardless of the titles, shall control
its interpretation.
[R.O. 2012 §655.370; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
Specific provisions of the Cable and Wireless Communications
Code or any separate franchise agreement in conflict with any ordinance,
or part of any ordinance of a general nature, shall control.
