Big Bear Lake Municipal Code Art. XXI Reservation of City's Rights

Insofar as it is not preempted by federal or state regulations, the city reserves all rights it may now have or subsequently acquire under state, federal or other law with respect to the regulation of cable services or other communications services by a franchisee. A franchisee shall provide written notice to the city thirty days in advance of commencing the offering or distribution of any other communications service and the city may, unless its power or authority to do so is limited or preempted by federal or state law or regulations, authorize such activity subject to such reasonable terms and conditions as the city may establish.

(Ord. 98-287 § 2, 1998)

The city reserves the right, and in accepting a franchise, a franchisee shall acknowledge and accept the city's right to adopt, to incorporate into the franchise agreement or to incorporate into the franchise agreement by reference, any additional rules, regulations, terms, conditions or ordinances authorized or permitted by federal law as it finds necessary in the lawful exercise of its authority, constitutional powers, powers to protect good order and discipline, and protect the health, safety or welfare; provided, however, that the exercise of such rights and powers or the adoption of such additional rules, regulations, terms, conditions or ordinances does not otherwise constitute an impairment of contract or abrogation of contractual rights or obligations of the franchisee contained in the franchise agreement and protected under federal, state or local law.

(Ord. 98-287 § 2, 1998)

Should there be any significant change to the Communications Act of 1934 as amended or to the federal regulations promulgated thereunder, or to any other federal or state law, so as to expand the city's discretionary powers pertaining to cable service or other communication services, which expanded discretionary powers fall outside the purview of the city's lawful exercise of constitutional powers, powers to protect good order and discipline, and protect the health, safety and welfare of the public, franchisee will be obligated to observe and follow any modifications to this chapter or the franchise agreement which the city may require or be authorized to require or otherwise secure with respect to such change. Significant changes include, by way of example and not by way of limitation, changes which allow or address the following subjects: municipal regulation of cable system programming; increased technical proficiency; local requirements for access channels and financial support of local access and/or origination; municipal acquisition of cable systems; permitted franchise fees and revenue; city services for seniors or the disabled; franchise renewal or transfer procedures; "life line" or special reduced rate service; and definition of "effective competition" with the franchisee's cable system.

(Ord. 98-287 § 2, 1998)

A. Each change to this chapter, other than the initial adoption of this chapter, shall be provided to the franchisee at least sixty days preceding adoption by the city. The cable administrator shall provide each franchisee with the opportunity to meet and confer concerning changes to or modifications of such proposed ordinance or regulation during regularly scheduled public hearings.

B. Additional ordinances or regulations adopted by the city shall be complied with by the franchisee within sixty days of the date of adoption of such ordinances or regulations, unless franchisee shall promptly and in writing request of the city an extension of time in which to comply. The city shall promptly respond and shall grant such requests for additional time if reasonably necessary to affect compliance, so long as franchisee is actively and expeditiously attempting to obtain compliance with such regulations.

(Ord. 98-287 § 2, 1998)

Nothing in this chapter or any franchise agreement shall be deemed or construed to impair or affect in any way or to any extent the right of the city to acquire the property of a franchisee through mutual agreement or through the exercise of the right of eminent domain. Nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the city's right of eminent domain.

(Ord. 98-287 § 2, 1998)

In the event of any such acquisition of a cable system by the city, and subject to the requirements of applicable law, the city may lease, sell, operate or otherwise dispose of all or any part of the system in any manner.

(Ord. 98-287 § 2, 1998)

Any privilege claimed by a franchisee in any city street or other city property shall be subordinate to:

A. Any prior lawful occupancy or use thereof by the city or any other governmental entity;

B. Any subsequent lawful occupancy or use thereof by the city or any other governmental entity pursuant to the lawful exercise of its authority, constitutional powers, powers to protect good order and discipline, and protect the health, safety or welfare according to this chapter; and

C. Any prior lawful easements or occupancy or use thereof by any other person.

(Ord. 98-287 § 2, 1998)

The city shall have the right to inspect all construction or installation work in the city or private property performed subject to the provisions of this chapter or the franchise agreement, upon one business day's notice or, in case of emergency, upon such notice or the absence of such notice as is reasonable under the circumstances, and to make such tests as it shall find necessary to ensure compliance with the terms of this chapter, the franchise agreement and other pertinent provisions of law. Such inspections may address any issues of construction, reconstruction, design, safety or other issues pertinent to the cable system. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in Article VIII, "Liquidated Damages."

(Ord. 98-287 § 2, 1998)

Franchisee shall allow the city to inspect, through its appropriately designated representatives, any of franchisee's facilities and equipment in the city or private property at any time. Such inspections are reasonably related to the operation or safety of the system and reasonably necessary to ensure compliance with the terms of this chapter, the franchise agreement or pertinent provisions of applicable law. Facility inspections shall be permitted: (1) upon reasonable prior notice but in any event within five days of such notice; or (2) in the case of emergency, upon such notice or the absence of such notice as is reasonable under the circumstances. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in Article VIII, "Liquidated Damages."

(Ord. 98-287 § 2, 1998)

The franchisee must provide reasonable notice of not less than ten days to the city of the intent to perform any tests for system performance and/or standby power supply operation. Upon such notice the city may designate one or more observers to view any tests for system performance and/or standby power supply operation. The city may designate additional test points to those selected by the franchisee and the franchisee shall test those additional points in the same manner as the franchisee selected points. Copies of all testing data shall be attested to in writing by the technician performing such tests and provided to the city. If franchisee fails to timely notify the city of its intent to perform system performance testing, then the franchise shall perform a retest upon the city's request. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in Article VIII, "Liquidated Damages."

(Ord. 98-287 § 2, 1998)