§ 1-10-173. Franchised cable operators, seeking relief from this article.

(a)

Any franchised cable operator affected by this article may file a written petition, at any time, with the board/franchising authority seeking relief from one (1) or more provisions of this article. A franchised cable operator may specifically request an exemption from or a delay in implementation of (as to the petitioning franchised cable operator only) one (1) or more provisions of this article. Also, a franchised cable operator may request that a specific provision of the article apply to such franchised cable operator for a specified period of time or duration. The petition shall set forth the relief requested and the basis thereof together with such supporting information and material as may be applicable.

(b)

In order to receive any relief from one (1) or more provisions of this article, a franchised cable operator must satisfactorily demonstrate to the board/franchising authority that at least one (1) of the following facts exists:

(1)

The provision and/or requirement is expressly prohibited by federal law, the FCC, or state law; or

(2)

A superseding but applicable federal or state law materially affects, and is in conflict with, an expressed right that is specifically noted in an existing franchise, franchise resolution, or franchise agreement, but only for the term of the existing franchise; (this provision covers situations where a franchised cable operator seeks and is granted modification of an existing franchise, franchise resolution, or, franchise agreement under the Cable Act); or

(3)

Compliance with a particular provision and/or requirement will be commercially impracticable for a franchised cable operator; or

(4)

One (1) or more time frames listed in this article are either impossible or impractical to meet in light of a franchised cable operator's operational policy; or

(5)

A franchised cable operator has its own construction, maintenance, operation, or customer service policy, which the board/franchising authority deems comparable to, or exceeding, any provision and/or requirement from which the franchised cable operator seeks relief; or

(6)

The health, safety, and welfare interests of the county otherwise warrant the granting of such relief.

(c)

The board/franchising authority shall have the responsibility of determining whether a franchised cable operator's construction, maintenance, operation, or customer service policy is comparable to or exceeds a similar provision in this article.

(d)

As an alternative to seeking an exemption or requesting relief, a franchised cable operator may petition for clarification concerning the precise intent and effect that one (1) or more provisions or sections of this article will have on the petitioning franchised cable operator.

(e)

In those instances where the board/franchising authority grants an exemption or relief to a franchised cable operator, or deems a franchised cable operator's operational policy to be comparable to an article provision, or provides a clarification as to the intent and effect of a particular provision and/or section, then the franchise, franchise resolution, or franchise agreement (initial, existing, extension, or renewal) shall be amended within sixty (60) days to reflect the exact extent of such exemption, relief, comparable policy, or clarification.

(Ord. No. 97-023, § 1, 4-22-97)