Delano Municipal Code Ch. 6.52 Community Antenna Television System

Footnotes:

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Cross reference— For additional provisions on rates for CATV, and specific franchise grants, See Franchises, at the end of this Code. Prior ordinance history: Ordinances 486 and 708.

This chapter shall be known and may be cited as the "Warner Cable Communications, Inc. cable television franchise ordinance."

(Ord. 859 (part), 1988).

For the purpose of this chapter, the following terms, phrases and words and their derivatives shall have the same meaning specified in this section. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

A. "Additional service" means any communications service provided by the grantee over its broadband telecommunications network for which a special charge is made based on program or service content, time or spectrum space usage, and shall include all service offered by the grantee that is not included within the "basic service".

B. "Bakersfield service area" means that area encompassing the city of Bakersfield.

C. "Basic service" means all communications services provided by the grantee, including the delivery of television broadcast signals required by the FCC, covered by the minimum regular monthly charge paid by all subscribers.

D. "Broadband telecommunications network" (BTN) means all of the component physical, operational and programming elements of any network of cables, optical, electrical or electronic equipment, including cable television, used for the purpose of transmission of electrical impulses of television, radio and other intelligence, either analog or digital, for sale or use by the inhabitants of the city.

E. "Channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the Federal Communications Commission by regulation).

F. "City" means the City of Delano, California, a municipal corporation of the State of California, and such reorganized, consolidated, enlarged or reincorporated form. Any act to be performed by the city shall be deemed to be performed by the city council of the city unless otherwise specifically designated or unless this council shall specifically designate other individuals or governmental agencies to perform such acts.

G. "Complaint" means a written or telephone communication from a customer to either the grantee or the city that specifies that the grantee has not provided one or more of the services set forth in this franchise.

H. "Degraded signal" means a signal on any channel regardless of the point of origin of such signal, which fails to meet the signal quality guidelines established in Part 76, Subpart K of the Federal Communications Commission's rules and regulations.

I. "FCC" means the Federal Communications Commission and any legally appointed or elected successor.

J. "Franchise payment" includes all charges imposed for a franchise.

K. "Full network service" means all basic services and additional services offered by the grantee.

L. "Interruption of service" means no picture or sound at the television set of a customer due to a technical problem with the cable television system.

M. "May" is permissive.

N. "Person" means an individual, partnership, association, organization, labor organization, corporation, cooperative, legal representative, trustee or receiver.

O. "Reasonable notice" means and is written notice addressed to the grantee at the address grantee has designated to the city and notice to the city shall be to the city council, City of Delano, which notice shall be certified and postmarked not less than fifteen days prior to that day in which the party giving such notice shall commence any action which required the giving of such notice. In computing the fifteen days, Saturdays, Sundays and holidays recognized by the city shall be excluded.

P. "Service area" means all geographical areas within the incorporated limits of the city.

Q. "Shall" and "must" each are mandatory and not merely directory.

R. "State" means the State of California.

S. "Street" means such of the following which have been dedicated to the public or hereafter dedicated to the public and maintained under public authority and located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways and extensions and additional thereto, together with such other public property and areas that the city shall permit to be included within the definition of street from time to time.

T. "Subscriber" means any person receiving either basic service or additional service from the grantee for the established monthly service fees.

(Ord. 859 (part), 1988).

Bright House Networks, LLC, hereinafter terms "grantee," its successors and assigns, is granted a nonexclusive franchise to construct, erect, operate and maintain, upon, along, across, above, over and under the streets, alleys, easements, public ways and public places in the City of Delano and subsequent additions thereto, poles, wires, cables and other television conductors and fixtures necessary for the interception, sales and distribution of television signals and other services. This franchise shall be in effect until December 31, 2006. The franchise will automatically extend for one-year periods after December 31, 2006 unless either party notifies the other in writing ninety days prior to the expiration of an extended term of its intention not to extend the term.

(Ord. 1135 §2, 2005: Ord. 859 (part), 1988).

This franchise relates to the geographical area within the incorporated limits of the city and to any area henceforth annexed thereto during the term of this franchise.

(Ord. 859 (part), 1988).

A. Franchise Nonexclusive. The franchise granted in this chapter by the city is not exclusive and the city reserves the right to grant a similar franchise to any other applicant at any time.

B. Franchise Amendable. The franchise granted in this chapter may be amended from time to time to allow the grantee to innovate and implement new services and developments; provided, however, that no such amendments affecting the conditions of the franchise shall be implemented without the mutual consent of the city and the grantee.

C. Authority Granted. The franchise granted in this chapter shall give to the grantee the right and privilege to construct, erect, operate, modify and maintain in, upon, along, above, over and under the streets, alleys, easements, public ways and public places such towers, antennas, cables, electronic equipment, and other network appurtenances necessary for the operation of a broadband telecommunications network in the city; provided, however, that the exercise of such right and privilege shall not interfere with the use of such streets by the city and such others as designated by the city to use such streets, and the city may demand, upon reasonable written notice, the removal of the foregoing as have been constructed by the grantee any time the city believes that such is interfering with the use of the streets.

D. Franchise Required. No person shall construct, install, maintain or operate on or with any street, any equipment or facilities for the distribution of television signals or radio signals or other intelligence, either analog or digital, over a broadband telecommunications network to any subscriber unless a franchise authorizing the use of the streets has first been obtained pursuant to the provisions of this chapter and thereafter only while the person is legally operating under the terms and provisions of the franchise granted consistent with this chapter.

E. Pole Use Agreements Required. The franchise granted hereunder does not relieve the grantee of its obligation to obtain necessary pole or conduit use agreements from utility companies.

F. No Right of Property. Anything contained in this chapter to the contrary notwithstanding, the award of any franchise hereunder shall not impart to the grantee any right of ownership of streets or city-owned property.

G. Compliance with Laws, Rules and Regulations. Grantee at its expense, shall comply with all laws, orders and regulations of federal, state and municipal authorities and with any direction of any public officer or officers pursuant to law, who shall legally impose any regulation, order or duty upon the grantee with respect to the franchise.

(Ord. 859 (part), 1988).

A. Grantee Rules, Regulations. Providing such do not in any way lessen or abrogate the obligations of the grantee under the franchise, the grantee shall have authority to promulgate such rules, regulations, terms and conditions as it deems necessary in order to operate the franchise granted under this chapter.

B. Subscribers' Antennas. Grantee is expressly prohibited from requiring the removal or from offering to remove or to provide any inducements for removal of any potential or existing subscribers' antenna as a condition or provision of service of the grantee.

C. Service Telephone. Grantee will at all times maintain a local telephone service number, and keep all subscribers advised thereof.

D. New Services. All CATV services that are available or furnished by grantee in its Bakersfield service area shall be made available to the subscribers of this franchised area no later than four years from the date of the services are offered in its other franchised area within the Bakersfield service area.

E. Performance Guidelines.

1. The grantee shall furnish each subscriber, at the time service is installed, written instructions which clearly set forth procedures for placing a service call. Such instructions shall also include the name, business address and business telephone number of any office designated by the city manager to receive service calls on behalf of the city, along with notice that the subscribed may call or write the city for information regarding the terms and conditions of the cable franchise agreement. The instructions shall also include information regarding service response time, service interruptions, customer rebates for service interruptions and notifications as required by the franchise.

2. The grantee shall provide service response within twenty-four hours if the grantee receives notice of two or more related system interruptions or notice of five or more related cases of degraded signal within the same residential areas. Individual "no picture" complaints, defined as the subscriber receiving no cable signals, will be responded to within forty-eight hours. Individual cases of degraded signal will be responded to within seventy-two hours.

3. The grantee may interrupt system service after six a.m. and before eleven p.m. only upon necessary cause for the shortest time possible. When reasonably possible, a grantee shall provide notice of system interruptions. Services may be interrupted between eleven p.m. and six a.m. for routine testing, maintenance and repair without notification.

4. Except for circumstances beyond the grantee's control, such as acts of God, and except in circumstances where prior approval has been obtained from the city, in the event full basic or any pay service to any subscriber is interrupted for more than twenty-four consecutive hours, or a degraded signal persists for more than seventy-two hours, and the interruption is under the control of the grantee; the grantee, at the subscriber's request, shall rebate a pro rata percentage of the monthly fee to such customer for each twenty-four-hour period of interrupted or degraded services. For the purpose of calculating the amount of the rebate, any service interruption or degraded signal shall be deemed to run from the time the grantee receives notice of the interrupted or degraded signal from the subscriber.

5. Except for circumstances beyond grantee's control, such as acts of God, riots, civil disturbances or strikes against a grantee, in providing services under the franchise, the grantee shall:

a. Limit overall system interruptions to a minimum time duration by locating and correcting malfunctions promptly;

b. Establish a comprehensive procedure of receiving, recording and resolving subscriber complaints. Such procedure shall be designed so that any subscriber may register a complaint by the use of local telephone service in the subscriber's area. Notice of such procedures shall be provided to customers as set forth in this franchise and shall also be delivered annually to subscribers or published once each year in a newspaper of general circulation in the franchise area in the grantee's discretion. Such notice shall also state that written complaints may be directed to the city manager. Upon the request of the city manager or other designee, in response to five or more related subscriber complaints within a thirty-day period, the grantee, within ten days after the request of the city manager, shall document to the city manager or other designee that a signal is being delivered which is of sufficient strength and quality to meet the standards set forth in the Guidelines or Rules and Regulations of the Federal Communications Commission;

c. Render efficient service, making repairs as provided in this franchise;

d. Be responsible for all subscriber complaints, maintain a written record or log listing the date of subscriber complaint, describing the nature of the complaint, and when and what action was taken by the grantee in response thereto. Records of complaints shall be kept at the grantee's office for five years and shall be available for inspection by the city upon reasonable notice. After five years, the grantee shall have the option to either send such records to the city or continue to keep such records at its office.

e. Remove, at the request of the subscriber, any program service for which a separate program charge to customer is made, within thirty days after the request of a subscriber.

f. Correct an error in billing within ninety days after a written request by a subscriber for such a correction;

g. Not eliminate or interrupt service to a subscriber without the consent of a customer, provided such subscriber has paid all fees, charges or rates due to the grantee within three days after billing or other notice that such fees, charges or rates are due. The grantee shall promptly make a credit or refund of any amount charged to a customer and collected by the grantee when such an amount represents an erroneous amount billed to a subscriber when such error arises out of an act or omission of the grantee or its agents or contractors; and

h. Repair or replace a converter or other equipment required for the receipt of cable communications service within fifteen days after the grantee determines that such converter or other equipment does not provide the services for which the subscriber is being billed.

6. The city shall promptly forward to the grantee any and all complaints or inquiries received by the city so that the grantee may resolve such complaints as provided in this franchise.

7. The grantee shall resolve all complaints about service within thirty days after the receipt thereof from a subscriber or referral thereof by the city.

8. Grantee shall provide service to those areas within the city which are serviced as of the effective date of the ordinance codified in this chapter.

9. Upon the adoption of this franchise and its acceptance by the grantee, the grantee shall file with the city clerk and shall thereafter, annually, during the entire term of such franchise, maintain in full force and effect a corporate surety bond or other adequate surety agreement in the amount of one hundred thousand dollars. The bond or agreement shall be so conditioned that, in the event the franchise is terminated, there shall be recoverable from the principal and surety any damages, losses or costs suffered or incurred by the city as a result thereof. Such condition shall be a continuing obligation during the entire term of this franchise and thereafter until the grantee shall have satisfied in full all obligations to the city which arise out of or pertain to this franchise. Neither the provisions of this subsection, nor any bond accepted by the city pursuant thereto, nor any damages recovered by the city thereunder shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under this franchise, or for damage either to the full amount of the bond or otherwise. The bond shall contain a provision which prohibits cancellation by the surety during the term of the franchise, whether for failure to pay the premium or otherwise, without thirty calendar days' written notice mailed by the surety to the city manager.

10. Grantee agrees to work in good faith in cooperation with the city to establish a payment reception location within the city limits.

11. Grantee agrees to provide, upon request of the subscriber, a "lock-out" device which may be utilized by the customer to prevent access to additional (pay) services. The grantee may charge a fee for such a device.

(Ord. 859 (part), 1988).

A. Grantee Agrees to City's Rights. The city reserves such rights and powers which under applicable federal, state or city or regulations, the city must reserve and maintain. Grantee agrees to comply with any action or requirements of the city in the exercise of such rights and powers which either have been or shall be enacted or established subsequent to the granting of the franchise.

B. City's Transfers of Functions. City may designate and transfer its obligations and duties under the franchise to any elected official, officer, employee, department, agent or board of the city and the grantee shall recognize the authority of any such transferee.

C. City's Right of Inspection. The city may inspect all construction or installation work performed pursuant to the franchise grant under this chapter in order to ensure compliance with the terms of the franchise grant.

(Ord. 859 (part), 1988).

A. Grounds for Revocation. Subject to subsection B of this section, the city reserves the right to revoke this franchise and rescind all rights and privileges associated with the franchise in the following circumstances, each of which shall represent a default and breach under this chapter and the franchise grant:

1. If the grantee should substantially default in the performance of any of its material obligations under this chapter.

2. If the grantee ceases to provide service over the broadband telecommunications network without cause, except for circumstances beyond the control of grantee.

B. Procedure Prior to Revocation. The city may not revoke the franchise grant unless reasonable notice is given by the city to grantee's default; and grantee shall have ninety days, or a longer period of time as may be approved by the city, after receipt of such written notice to remedy and cure such default. The franchise shall remain in effect pending full due process proceedings and any appeal by grantee to a court of competent jurisdiction.

C. Restoration of Property. In removing its plant, structure and equipment, the grantee shall refill at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the grantee's removal of its equipment and appliances, without affecting any electrical or telephone cables, wires or attachments. The city shall inspect and approve the condition of the public ways and public places and cable wires, attachments and poles after removal. The liability insurance and indemnity as provided under Section 6.52.120 of this chapter shall continue in full force and effect during the period of removal and until full compliance by the grantee with the terms and conditions of this subsection and this chapter.

D. Restoration by City, Reimbursement of Costs. In the event of a failure by the grantee to complete any work required by subsection C of this section the city may cause such work to be done and the grantee shall reimburse the city the costs thereof within thirty days after receipt of an itemized list of such costs.

(Ord. 859 (part), 1988).

A. Continuing Regulatory Jurisdiction. The city shall have continuing regulatory jurisdiction and primary supervision over the operation of the franchise granted under this chapter.

B. Regulatory Responsibilities of the City. The city designates the city manager to exercise the city's continuing regulatory and supervisory jurisdiction over the franchise, and in this regard the city manager, subject to the right of the city to terminate such responsibilities at any time upon notice to the city manager, shall have the following responsibilities and duties and such other responsibilities and duties that the city may assign and delegate to him:

1. Review and audit all reports and filings submitted to the city as required hereunder and such other correspondence as may be submitted to the city concerning the operation of the broadband telecommunications network. All such reports and filings by the grantee containing confidential information as specified by the grantee shall not be routinely available for public inspection unless mutually agreed to by the city and the grantee or unless required by law.

2. Assure that all tariffs, rates and rules pertaining to the operation of the broadband telecommunications network in the city are made available for inspection by the public at reasonable hours and upon reasonable request.

(Ord. 859 (part), 1988).

In consideration of the granting of this franchise to the grantee, the grantee shall furnish without monthly fee, basic service outlet connections to existing public buildings, as designated by the city, as well as one outlet to each existing public and parochial school currently passed by the broadband telecommunications network. The grantee further agrees to furnish without monthly fee, one basic service outlet connection to new municipal and/or school buildings, if it is economically and technically feasible to do so, but reserves the right to charge an installation fee for any nonstandard installations that may be required.

(Ord. 859 (part), 1988).

A. Grantee shall pay annually to the city a franchise fee equal to five percent of its annual gross subscriber receipts attributable to the sale or exchange of cable services by the grantee within the city, including but not limited to: basic service, monthly fees, optional service or pay cable fees, installation and reconnection fees, local advertising revenues, leased channel fees, and converter rentals or sales. Gross annual receipts shall not include any taxes on services furnished by the grantee imposed upon any subscriber by the state, city or other governmental unit and collected by the grantee on behalf of such governmental unit, converter deposits, refunds to subscribers by the grantee, revenue from the sale, exchange or cablecast of any programming developed for community use or institutional users, or amounts collected by the grantee from its customers and passed directly on to any public access entity with which the grantee has entered into an agreement to make such payments.

B. Payment of the five percent franchise fee shall be made to the city within ninety days following the end of each calendar year. All payments shall be accompanied by a certified detailed statement of receipts upon which the franchise fee has been calculated.

C. Delinquent franchise fees shall bear interest at an annual rate equivalent to the Federal Reserve Discount Rate on advances to member banks in the quarter preceding the delinquency.

D. The city shall have the right, at its sole cost and expense, to inspect the grantee's records, books and accounts under the franchise and right of audit and recomputation of any and all amounts payable under this section.

E. No acceptance of any payment shall be construed as a release, or as an accordance and satisfaction of any claim the city may have for further or additional sums payable under this section.

(Ord. 859 (part), 1988).

A. Indemnification of the City in Franchise Operation. The grantee shall indemnify the city and save the city harmless from and against all claims, damages, losses and expenses, including attorneys' fees sustained by the city on account of any suit, any judgment, execution, claim or demand whatsoever arising out but not limited to copyright infringements and all other damages arising out of the terms of the franchise, installation, operation or maintenance of the broadband telecommunications network authorized in this chapter. The term "city" shall include its employees, agents, personnel and others authorized to work or perform services for the city.

B. Public Liability Insurance. The grantee shall maintain a general comprehensive liability insurance policy with combined bodily injury and property damage in an amount of not less than three million dollars per occurrence, and worker's compensation insurance in such coverage as may be required by the worker's compensation insurance and safety laws of the state and amendments thereto.

C. Evidence of Insurance Filed with City Clerk. Certificates of insurance for all policies of insurance shall be filed with the city clerk upon request during the term of any franchise granted under this chapter or any renewal thereof.

(Ord. 859 (part), 1988).

A. Excavation Permits. Grantee shall not open or disturb the surface of any street, sidewalk, driveway or public place for any purpose without first obtaining a permit to do so from city. In addition, where existing conduit or backyard easements are not available for underground installation, the grantee shall design its system in such manner to permit construction behind the parallel with street curbing, or under the sidewalks where available, with a minimum of street excavation.

B. Changes Required by Public Improvements. Grantee shall, upon reasonable notice, and at its expense, temporarily disconnect, relocate or remove from the street or other public place any property of the grantee when required by the city by reason of traffic conditions, public safety, street vacation, street construction, installation of sewers, drains, water pipes, city-owned power lines, and tracts or any other type of structure of improvements by public agencies.

C. Use of Existing Poles or Conduits. Grantee shall acquire permission from the city before being authorized to erect any new poles or underground conduits, and grantee shall make every effort to utilize existing poles presently servicing the area.

D. Facilities Not to be Hazardous or Interfere. All wires, conduits, cables, and other property and facilities of the grantee shall be so located, constructed, installed in an orderly and workmanlike manner, and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets. The grantee shall keep and maintain all of its property in good condition, order and repair.

E. Method of Installation. The facilities of the grantee shall be installed underground in those areas of the city where existing telephone and electric services are underground at the time of network construction. In areas where either telephone or electric utility facilities are installed aerially at the time of network construction, the grantee may install its facilities aerially with the understanding that at such time as both the telephone and electrical facilities are required to placed underground by the city, the grantee shall likewise place its facilities underground.

F. Protection of Facilities. Nothing contained in this section shall relieve the city or any person, company or corporation from liability arising out of the failure to exercise reasonable care to avoid damaging the grantee's facilities while performing any work connected with grading, regarding or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system.

G. Requests for Removal or Change. The grantee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of such building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than fifteen days' advance notice of any move contemplated to arrange for temporary wire changes.

H. Authority to Trim Trees. The grantee shall have the authority to trim trees upon and overhanging the streets, alleys, sidewalks and other public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cable of the grantee.

I. Restoration of Reimbursements. In the event of disturbance of any street or private property by the grantee, it shall, at its own expense and in a manner approved by the city or the owner, replace and restore such street or private property in as good a condition as before the work causing such disturbance was done. In the event the grantee fails to perform such replacement or restoration, the city shall have the right to do so at the sole expense of the grantee.

J. Emergency Removal of Plant. If at any time, in case of fire or disaster in the city, it shall become necessary in the reasonable judgment of the city to cut or move any of the wires, cables, amplifiers or other appurtenances to the network of the grantee, such cutting or moving may be done and repairs rendered necessary thereby shall be made by the grantee, at its sole expense; provided, that such repairs are not necessitated by a negligent act of the city, in which case cost for repairs shall be borne by the city.

(Ord. 859 (part), 1988).

Renewal of this franchise shall be governed by the terms and conditions specified in Section 626 of the Cable Communications Policy Act of 1984.

(Ord. 859 (part), 1988).

A. A dispute as to any decision arising out of the effect or interpretation of any section of this franchise shall be appealed to arbitration. Judicial relief may not be sought until a final written decision has been rendered by the arbitration panel as set forth in subsection E of this section.

B. Each arbitration shall be conducted by a panel of three arbitrators. One arbitrator shall be appointed by the grantee, one arbitrator shall be appointed by the city, and the third arbitrator shall be the chairperson of the panel and shall be appointed by the other two arbitrators. If the other two arbitrators are unable to agree upon any appointment, the third arbitrator shall be appointed by the presiding judge of the superior court of the county. No member of the panel shall be an officer, employee or attorney of the grantee or any affiliate thereof, or the city. The grantee and the city shall each appoint its arbitrator and mail notice to the other of its selection not later than fifteen calendar days following the filing of the notice to appeal to arbitration or mailing of the initiation of arbitration. The third arbitrator shall be appointed no less than thirty days following the filing of the notice of appeal to arbitration or mailing of the initiation of arbitration.

C. The chairperson of the arbitration panel shall select the site of the hearing, retain a stenographic reporter to report the hearing, and in consultation with the other members of the panel and the parties, schedule the hearing. The hearing shall be scheduled to commence not later than ninety calendar days following the filing of the notice of appeal to arbitration or mailing of the initiation arbitration. The chairperson of the panel shall mail written notice of the time, date and place of the hearing to the other two arbitrators, legal counsel to the city, the grantee no later than twenty calendar days in advance of the hearing.

D. The compensation and expenses of the arbitrator appointed by the grantee shall be borne and paid solely by the grantee. The compensation and expenses of the arbitrator appointed by the city shall be borne and paid solely by the city. The grantee and the city shall each bear and solely pay their own costs of attorney's fees, expert and other witness fees and other expenses incurred in preparing and prosecuting their respective cases. In proceedings where the record of a public hearing of the city is to be considered by the arbitration panel, the costs of transcribing, typing and copying the record shall be divided equally between, borne and paid by the grantee and the city. The compensation and expenses of the chairperson of the arbitration panel, rental, if any, for the place of the hearing, per diem costs of the stenographic reporter, costs of transcribing and typing any transcript of the arbitration hearing, and any other cost of the arbitration proceeding not identified above shall be divided equally between, borne and paid by the grantee and the city. The arbitration panel shall not be empowered to order a division of costs, fees or expenses different from that prescribed by this subsection.

E. The arbitration award shall be determined by a majority of the members of the arbitration panel and shall be in writing. If it is necessary for the panel to make determinations of fact, the panel shall include findings of fact and conclusions with the award if requested by any party to the proceeding. The ward shall be issued and mailed to the parties not later than ninety calendar days following the close of the arbitration hearing.

F. The arbitration panel shall have no authority to add to, delete or alter any provision of this franchise and shall limit its interpretation to the express terms of this franchise.

(Ord. 859 (part), 1988).

If any section, subsection, sentence, clause, phrase or work of this chapter is for any reason held invalid by the FCC or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or work shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Should the FCC require any additional or different language in this chapter, the city shall amend its ordinance and/or franchise accordingly within ninety days following receipt of notification by the FCC.

(Ord. 859 (part), 1988).