§ 34-17. Regulatory authority.

(a)

Change in law or regulation. Notwithstanding any other provisions of this chapter to the contrary, the grantee shall at all times comply with all laws and regulations of the local, state and federal government, including, without limitation, those applicable to the construction and operation of the cable communications system. Nothing herein shall be deemed a waiver of grantee's right to challenge the validity of any such law, rule or regulation. In the event that any actions of the state or federal government or any agency thereof, or any court of competent jurisdiction upon final adjudication, substantially reduce in any way the power or authority of the city under this chapter or the franchise, or if in compliance with any local, state, or federal law or regulation, the grantee finds conflict with the terms of this chapter, the franchise, or any law or regulation of the city, then as soon as possible following knowledge thereof, the grantee shall notify the city of the point of conflict believed to exist between such law or regulation and the laws or regulations of the city, this chapter and the franchise. The city, at its option, may notify the grantee that it wishes to negotiate those provisions which are affected in any way by such modification in regulations or statutory authority. Thereafter, the grantee shall negotiate in good faith with the City to develop alternate provisions which shall fairly restore the city to the maximum level of authority and power permitted by law.

(b)

Authority. The city 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 city, the city 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; provided, however, that any amendment to this chapter shall be confined to the lawful exercise of the city's police powers and to changes which do not materially alter the rights of the franchisee under the franchise.

(c)

Right of inspection of records. To the extent consistent with laws governing subscriber privacy and any other applicable laws, the city shall have the right to inspect all books, records, reports, maps, income tax returns (at the time of transfer, renewal or rate proceedings where necessary), financial statements, service complaint summary reports, performance test results and other like materials of the grantee which relate to the operation of the franchise, upon reasonable prior notice, at any time during normal business hours.

(d)

Right of inspection of cable system facilities. The grantee shall grant the city the right to inspect all cable system facilities or installation work performed subject to the provisions of this chapter, the franchise and applicable laws and regulations, and shall have the right to make such tests as it shall find necessary to ensure compliance with the terms of this chapter, the franchise, and other applicable laws and regulations.

(e)

Right of inspection of property. At all reasonable times and upon reasonable notice to grantee, grantee shall permit examination by any duly authorized representative of the city, of cable system facilities, together with any appurtenant property of grantee situated within or without the city.

(f)

Right to require removal of property. In the event of non-renewal of the franchise, or upon its revocation or expiration, as provided for herein, the city shall have the right to require the grantee to remove, at its own expense, all portions of the cable communications system required by public necessity and convenience from all streets and public ways within the city.

(g)

Expense reimbursement to city. The grantee shall pay the city a sum of money which will, when added to any application fees received, reimburse all costs and expenses incurred by it in connection with the granting, transferring which requires city consent as provided herein, extending for more than two years, or renewing a franchise, including, but not limited to, consultant fees, attorneys' fees, publication fees, travel expenses and all other direct costs; provided, however, that the city shall submit a detailed schedule of all such costs. Such payment shall be made within 30 days after the city furnishes the grantee with a written statement of such expenses. Such payment by the grantee shall not be deemed to be part of the franchise fee obligations of the grantee pursuant to section 34-9(a) of this chapter and the franchise.

(Ord. No. 2009-51.1(94-O-1777), § 17.0, 11-28-94)