§ 1-10-170. Resolution of conflicts between this article and a subsequent franchise, franchise resolution, or franchise agreement.  


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  • (a)

    Where there is a conflict between this article and a subsequent franchise, franchise resolution, or franchise agreement, this article shall control and prevail, unless administratively or judicially determined invalid, unenforceable, or unconstitutional, or unless the provisions of subsection (b) of this section apply to the franchised cable operator and its franchise, franchise resolution, or franchise agreement.

    (b)

    Where a franchised cable operator receives an exemption, relief, or clarification from one (1) or more provisions or sections of this article, or has one (1) or more of its policies deemed comparable to a provision contained in this article, the franchise, franchise resolution, or franchise agreement shall specifically note such exemption, relief, clarification, or comparable policy. As a result, to the extent that such an exemption, relief, clarification, or comparable policy is inconsistent with a provision contained in this article, then the specifically noted exemption, relief, clarification, or comparable policy language contained in the franchise, franchise resolution, or franchise agreement shall control.

(Ord. No. 97-023, § 1, 4-22-97)