§ 1-10-189. Periodic regulatory review by board/franchising authority.

(a)

Between two hundred forty (240) and thirty (30) days prior to the fifth (5th) and tenth (10th) anniversary dates of the effective date of this article, the board/franchising authority shall conduct a periodic review and examination of this entire article.

(b)

In conducting such a periodic review and examination of this article, the board/franchising authority shall consider, among other things, the following:

(1)

Whether one (1) or more provisions have been superseded, clarified, or modified by federal or state law;

(2)

Whether one (1) or more provisions have been superseded, clarified, or modified by a subsequent binding judicial decision;

(3)

Whether one (1) or more provisions are unnecessary or ineffective in light of emerging and evolving technologies;

(4)

Whether new or different trends relating to franchised cable operators warrant or necessitate additional safeguards for customers and/or subscribers; and

(5)

Whether the economic and customer forces associated with competition have lessened the need for one (1) or more provisions.

(c)

If after such a periodic review and examination of this article, the board/franchising authority determines that one (1) or more provisions of this article should be amended, repealed, revised, clarified, or deleted, then the board/franchising authority may take whatever measures necessary (to the extent permitted by law) in order to accomplish same. It is noted that where warranted and in the best interests of the county, the board/franchising authority may repeal this entire article.

(d)

Notwithstanding the provisions of subsections (a) and (c) of this section, the board/franchising authority may at any time, and in any manner (to the extent permitted by federal, state, or local law), amend, add, repeal, and/or delete one (1) or more provisions of this article.

(e)

In addition, a franchised cable operator may, in writing through the county administrator, request a review and examination of all, or any part or provision, of this article.

(Ord. No. 97-023, § 1, 4-22-97)