17-12 MISCELLANEOUS.

A notice to the Town and reports to be filed with the Town shall be sent to the Town Manager. A notice to the operator shall be sent to the address provided by him. (Ord. #23-83, §1)

a. If a provision of this chapter is superseded by a Federal, State, or other statute, law or regulation, or is held invalid, all

other provisions remain valid, binding and enforceable. The Town declares that it would have enacted this chapter and each section, subsection, subparagraph, sentence, clause, and phrase irrespective of the fact that one (1) or more section, subsection, subparagraphs, sentences, clauses or phrases be declared invalid. The invalidity of a portion of this chapter does not abate, reduce or otherwise affect the consideration or other obligation required of the operator.

b. If a provision of this chapter determined by the Town as a material provision is held invalid or declared preempted by Federal or State regulation or law, the Town shall negotiate with the operator appropriate modifications to the franchise to provide reasonable relief from the invalidity or preemption. If the parties are unable to reach agreement on modifications, the dispute shall be submitted to arbitration under subsection 17-7.4. The arbitrators’ decision is binding on the parties, provided that no decision of the arbitrator may require the Town or operator to violate a Federal or State law or regulation.

c. This chapter and its intended amendments and supplements are enacted upon the belief and premise that it does not conflict with any applicable law or regulation, including FCC regulations. If there is or becomes an inconsistency between any such law or regulation and this chapter, the law or regulation controls to the extent of such inconsistency.

(Ord. #23-83, §1)

If the FCC, PUC or other Federal or State body exercises paramount jurisdiction over the subject matter of a franchise granted under this chapter, then to the extent that jurisdiction preempts or precludes the exercise of jurisdiction by the Town, the jurisdiction of the Town ceases.

The preemption or preclusion of the exercise by the Town of its police power does not alter or affect any contractual benefit to the Town or operator nor any contractual obligation of the operator under a franchise issued by Town. (Ord. #2383, §1)

Before the operator provides cable television service to a subscriber, the operator shall provide a written notice to the subscriber substantially as follows:

“The subscriber is hereby notified that in providing television service the cable operator is making use of public rights-ofway and that the continued use of such rights-of-way is in no way guaranteed. If the continued use of such rights-of-way is denied to the operator for any reason, the operator will make every reasonable effort to provide service over alternate routes. By accepting cable television service, subscriber agrees he will make no claim nor undertake any action against the Town, its officers, commissions or employees if the service provided is interrupted or discontinued.

If a dispute between the subscriber and the operator regarding service or billing problems remains unresolved, the Town has specified procedures for resolving the dispute (subsections 17-7.3 and 17-7.4). Information concerning these procedures may be obtained by contacting (name, location and telephone number of the operator’s office).”

(Ord. #23-83, §1)

A court of public or private authority may not attribute value to a franchise in a proceeding to which Town is a party or by which Town is affected. (Ord. #23-83, §1)

If the operator also holds or is granted a franchise (“outside franchise”) for a cable television system serving an area (“outside area”) outside the Town and the cable system serving the outside area is (for operating purposes) essentially the same system which serves the Town, whether or not the outside area is served by a separate headend, then the operator shall promptly advise the Town and shall furnish the Town with a copy of the franchise and all amendments to it. The Town may (after public hearing with notice and procedure similar to that followed in awarding a franchise) amend by ordinance a franchise to include those provisions of the outside franchise as Town elects. However if a provision proposed to be included directly and substantially affects the operator’s revenues from or cost of operating in the outside area, then the provision may be included in the franchise only to the extent that the corresponding operating circumstances in this franchise area are substantially comparable.

If the operator disagrees with a decision by the Town to amend a franchise under this section, he may require that the matter be settled by arbitration as provided in subsection 17-7.4. (Ord. #23-83, §1)

a. Use of Public Streets . It is unlawful for a person to construct, install, or maintain within a public street in the franchise area, or within any other public property of the Town, or within a privately owned area within the Town which has not yet become a public street but is designated as a proposed public street on a tentative subdivision map approved by the Town, any equipment or facilities for distributing a television or radio signal through a cable system, unless a franchise or license

under this chapter is in effect.

b. Unauthorized Connection to Cable Systems . It is unlawful for a person to make or use an unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with a part of a franchised cable system within the Town for the purpose of enabling himself or others to receive or use a television signal, radio signal, picture, program or sound, without payment to the owner of the system.

c. Tampering with Facilities . It is unlawful for a person, without the consent of the owner, to willfully tamper with, remove or damage a cable, wire or equipment used for distribution of a television signal, radio signal, picture, program or sound.

(Ord. #23-83, §1)

17-13— 17-15 RESERVED.

ARTICLE II

CABLE TELEVISION RATES