Big Bear Lake Municipal Code Art. I Controlling Authority

A. Franchise agreements are subject to and shall be governed by all terms, conditions and provisions of this cable service provider ordinance and any future amendments thereto; provided, however, any such future amendments which materially alter the terms and conditions of a franchise agreement shall not be applicable to the franchise agreement unless one of the following apply:

1. The franchisee under the applicable franchise agreement shall have consented thereto;

2. Such amendments implement changes in applicable federal or state laws; or

3. Such amendments are for the purposes of protecting the public health, safety and welfare.

B. Any amendment to this chapter which either: (1) does not materially alter the terms or conditions of a franchise agreement, or (2) materially alter the material terms and conditions of a franchise agreement but which otherwise apply to the franchise agreement pursuant to either subsection (A)(1), (2), or (3) of this section, shall be hereinafter collectively referred to as an "applicable amendment." In the event of any conflict between a franchise agreement and this chapter (including any applicable amendments) this chapter and the applicable amendments shall control.

C. The foregoing paragraph notwithstanding, a franchise agreement may contain express provisions that its terms supersede one or more provisions of this chapter and, in such case, the provisions of the franchise agreement shall control; provided, however, that any applicable amendments to such superseded provisions of this chapter shall govern over any franchise agreement superseding provision.

(Ord. 98-287 § 2(§ 5.20.100.1), 1998)

This chapter and any franchise agreements are subject to and shall be governed by all applicable requirements of the Communications Act of 1934, as amended, and other applicable federal and state laws, statutes and regulations.

(Ord. 98-287 § 2(§ 5.20.100.2), 1998)

The city may exercise its regulatory authority to the fullest extent permitted by this chapter and applicable law. If the franchisee also serves contiguous or neighboring communities, city may, at its sole option, participate in a joint regulatory agency, with delegated responsibility in the area of cable service or other communications services. Such a joint regulatory agency, however, shall have no rights over a franchisee which are greater than or different from those provided in this chapter and franchise agreement with respect to franchisee's service area affected by this chapter and franchise agreement without the consent of the franchisee.

(Ord. 98-287 § 2(§ 5.20.100.3), 1998)

The franchisee shall, in a timely manner, provide the city with copies of all pleadings, petitions, applications, reports and documents of any kind submitted by or on behalf of the franchisee to the FCC or any other federal or state regulatory commissions, agencies or courts having jurisdiction in respect to any matters affecting construction, operation or regulation of a cable television system, or affecting the services provided through such a system, where such documents, in the reasonable judgment of the franchisee, address issues which directly affect the operation of franchisee's system with the city. Such issues include, but are not limited to, issues which effect the franchisee's system capabilities, systems operations, system performance, customer service and customer service standards, programming, and cable rates and other cable service-related fees and charges. Copies of such responses, decisions or any other communications from the regulatory agencies or courts to a franchisee or its agent, including franchisee's corporate parent, attorney, or consultants, relative to its cable service within the city, shall likewise be filed immediately on receipt with the city.

(Ord. 98-287 § 2(§ 5.20.100.4), 1998)

Failure to follow federal, state and local laws and regulations is a violation of the ordinance codified in this chapter.

(Ord. 98-287 § 2(§ 5.20.100.5), 1998)