§ 1-10-171. Applicability of this article to a franchised cable operator.

(a)

This article is not intended to repeal, and does not have the effect of repealing, any current franchise, franchise resolution, or franchise agreement that presently exists between the board/franchising authority and a franchised cable operator.

(b)

As a result of subsection (a) of this section, the provisions of this article shall have no effect on an existing franchise, franchise resolution, or franchise agreement until the expiration of such existing agreement, or until one of the following occurs:

(1)

Prior to the franchise agreement expiration date, the board/franchising authority and the affected franchised cable operator execute either an amended franchise or a franchise extension in which both parties agree to be bound by the terms of this article (except as specifically granted relief, exemption, clarification, or comparable policy); or

(2)

Prior to the franchise agreement expiration date, the board/franchising authority and the affected franchised cable operator execute either an amended franchise or a franchise extension in which both parties agree to be bound by certain specified and noted provisions of this article (except as specifically granted relief or clarification); or

(3)

A court of competent jurisdiction orders that an existing cable operator (franchised or not) become subject to all, or any part or provision of, this article (except as specifically granted relief, exemption, clarification, or comparable policy by the court); or

(4)

Prior to the franchise expiration date, the board/franchising authority and the affected franchised cable operator execute an early franchise renewal (except to the extent specifically granted relief, exemption, clarification, or comparable policy by the board/franchising authority).

(c)

Franchised cable operators awarded franchises after the effective date of this article, and any other franchised cable operator who may become subject to this article after its effective date, shall comply with and abide by the terms and provisions of this article no later than ninety (90) days after its effective date, or ninety (90) days after the franchised cable operator provides service to its first subscriber, or ninety (90) days after the franchised cable operator becomes subject to a portion, or all, of this article (whichever is later).

(d)

Notwithstanding any other provisions of this section or this article, all franchised cable operators and their assignees, transferees, and buyers shall comply with all other county articles of general applicability.

(e)

Notwithstanding any other provisions of this section or this article, nothing contained herein prevents a franchised cable operator from exercising any or all of its administrative and legal rights and remedies to challenge the constitutionality, applicability, and enforceability of any provision and/or section of this article.

(Ord. No. 97-023, § 1, 4-22-97)