Chapter 4.04 CABLE COMMUNICATIONS FRANCHISES

A. The "Act" means the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992 and any subsequent amendments.

B. "Applicant" means any person or entity that applies for a franchise.

C. "Basic cable service" is the lowest level of service regularly provided to all subscribers that includes the retransmission of local broadcast television signals.

D. "Cable facilities" means equipment and wiring used to transmit audio and video signals to subscribers.

E. "Cable services" means:

1. The one-way transmission to subscriber of video programming or other services; and

2. Subscriber interaction, if any, which is required for the selection or use by the subscriber of such video programming or other services.

F. "Cable system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, which includes video programming and which is provided to multiple subscribers within a community; but such term does not include:

1. A facility that serves only to retransmit the television signals of one or more television broadcast stations;

2. A facility that serves subscribers without using any Town right-of-way;

3. A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II (Common Carriers) of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system (other than for purposes of 47 U.S.C. Section 541(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;

4. An open video system that complies with 47 U.S.C. Section 573; or

5. Any facilities of any electric utility used solely for operating its electric utility systems.

G. "Channel" means a portion of the frequency band capable of carrying a video programming service or combination of video programming services, whether by analog or digital signal, on a twenty-four-hour-per-day basis or a portion thereof.

H. "Town" means the Town of Woodway, a municipal corporation of the state of Washington.

I. "Council" means the Town of Woodway Council acting in its official capacity.

J. "FCC" means the Federal Communications Commission, a regulatory agency of the United States government.

K. "Franchise" means the initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or otherwise, which authorizes construction and operation of the cable communication system for the purpose of offering cable service or other service to subscribers.

L. "Franchisee" or "operator" means the person, firm or corporation to whom or which a franchise is granted by the Council under this chapter and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be defined in Town ordinance.

M. "Franchise area" means the geographical area of the Town that a cable operator is authorized to serve by the terms of its franchise or by operation of law.

N. "Gross revenues" means any and all revenues (as that term is defined by generally accepted accounting principles) received directly or indirectly which arise out of or are derived from the operation of a franchisee’s cable system in the Town as further described in the franchise.

O. "Installation" means the connection of the cable system from feeder cable to subscribers’ terminals.

P. "Property of franchisee" means all property owned, installed or used by a franchisee in the conduct of its business in the Town.

Q. "Proposal" means the response, by an individual or organization, to a request by the Town regarding the provision of cable services; or an unsolicited plan submitted by an individual or organization seeking to provide cable services in the Town.

R. "Public right-of-way" or "street" means the land acquired or dedicated for public roads and streets, but does not include:

1. State highways;

2. Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public, unless specifically used as a utility corridor;

3. Structures, including poles and conduits, located within the right-of-way;

4. Federally granted trust lands or Forest Board trust lands;

5. Lands owned or managed by the state Parks and Recreation Commission; or

6. Federally granted railroad rights-of-way acquired under 43 U.S.C. Section 912 and related provisions of federal law that are not open for motor vehicle use.

S. "Right-of-way" also includes easements dedicated for compatible use and consistent with Section 621 of the Cable Act.

T. "Subscriber" means a person or entity or user of the cable system who lawfully receives cable services or with franchisee’s express permission. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M1, 1996)

4.04.020 Authority to grant franchises or licenses for cable television.

It shall be unlawful to engage in or commence construction, operation, or maintenance of a cable communications system without a franchise issued under this chapter. The Council may, by ordinance, award a nonexclusive franchise to construct, operate and maintain a cable communications system which complies with the terms and conditions of this chapter.

Any franchise granted pursuant to this chapter shall be nonexclusive and shall not preclude the Town from granting other or further franchises or permits or preclude the Town from using any public rights-of-way, streets, or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the Town to make such changes, as the Town shall deem necessary, including the dedication, establishment, maintenance, and improvement of all new public rights-of-way and other public properties. However, any such changes shall not materially or substantially impair the rights granted a franchisee pursuant to this chapter. All franchises granted subsequent to the effective date of the master cable ordinance codified in this chapter shall be granted with consistent material terms and conditions of this chapter and existing franchises. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M2(A), 1996)

4.04.030 Incorporation by reference.

The provisions of this chapter shall be incorporated by reference in any franchise ordinances or licenses approved hereunder. The provisions of any proposal submitted and accepted by the Town shall be incorporated by reference in the applicable franchise. However, in the event of any conflict between the proposal, this chapter and the franchise, the franchise shall be the prevailing document. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M2(B), 1996)

4.04.040 Nature and extent of the franchise.

Any franchise granted hereunder by the Town shall authorize a franchisee, subject to the provisions herein contained:

A. To engage in the business of operating and providing cable service and the distribution and sale of such services to subscribers within the Town;

B. To erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any street, such amplifiers and appliances, lines, cables, conductors, vaults, manholes, pedestals, attachments, supporting structures, and other property as may be necessary and appropriate to the cable system. No privilege or exemption shall be granted or conferred upon a franchisee by any franchise except those specifically prescribed therein, and any use of any street shall be consistent with any prior lawful occupancy of the street or any subsequent improvement or installation therein. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M2(C), 1996)

4.04.050 Length of the franchise.

The Town shall have the right to grant a franchise for a period of time appropriate to the circumstances of the particular grant. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M2(D), 1996)

4.04.060 Application.

An applicant for a franchise to construct, operate, and maintain a cable communications system within the Town shall file an application in a form prescribed by the Town, accompanied by a nonrefundable filing fee in an amount determined by the Town. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M3, 1996)

4.04.070 Franchise issuance.

Prior to the granting of a franchise, the Town Council shall conduct a public hearing to determine the following:

A. Initial Franchise.

1. That the public will be benefited by the granting of a franchise to the applicant;

2. That the applicant has the requisite financial and technical resources and capabilities to build, operate and maintain a cable television system in the area;

3. That the applicant has no conflicting interests, either financial or commercial, which will be contrary to the interests of the Town;

4. That the applicant will comply with all terms and conditions placed upon a franchisee by this chapter;

5. That the applicant is capable of complying with all relevant federal, state, and local regulations pertaining to the construction, operation and maintenance of the cable facilities and systems incorporated in its application for a franchise;

6. That the public rights-of-way have the capacity to accommodate the cable communications system;

7. That the proposed franchise is consistent with the Town’s present and future use of the public rights-of-way to be used by the cable communications system;

8. That the benefit to the public from the cable communications system outweighs the potential disruption to existing users of the public rights-of-way to be used by the cable communications system and the resultant inconvenience which may occur to the public; and

9. That all other conditions resulting from the grant of the franchise have been considered by the Town and that the Town determines that the grant is still in the public’s best interest.

B. Renewal Franchise.

1. That the applicant has complied with the material terms and conditions of the existing franchise, and with applicable law;

2. That the quality of the applicant’s previous service, including signal quality, response to customer complaints, and billing practices, but without regard to the mix or quality of cable services or other services provided over the system, has been reasonable in light of community needs;

3. That the applicant has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the applicant’s proposal;

4. That the applicant’s proposal is reasonable to meet the future cable-related community needs and interests taking into account the cost of meeting such needs and interests;

5. The capacity of public rights-of-way to accommodate the cable system;

6. The present and future use of the public rights-of-way to be used by the cable system;

7. The potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public; and

8. Any other condition that is in the public’s best interest. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M4, 1996)

4.04.080 Acceptance.

No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting the same has become effective.

Within sixty days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the Council in its discretion may authorize, a franchisee shall file with the Town Clerk its written acceptance of the franchise and all of its terms and conditions, in a form satisfactory to the Town Attorney, together with the insurance policy required by Section 4.04.300, Insurance, as well as the bond policy required by the franchise. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M5, 1996)

4.04.090 Police powers.

In accepting any franchise, a franchisee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the Town to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the Town pursuant to such power. The Town Council expressly reserves unto itself all its police powers to adopt ordinances necessary to protect the health, safety and welfare of the general public in relation to the rights granted under this franchise. The Town reserves the right to use, occupy and enjoy any public rights-of-way or other public places for any purpose, including without limitation the construction of any water, sewer or storm drainage system, installation of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, other Town services and other public street improvement projects. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M6, 1996)

4.04.100 Rules and regulations by the Town.

In addition to the inherent powers of the Town to regulate and control any franchise it issues, the authority granted to it by the Act, and those powers expressly reserved by the Town, or agreed to and provided for in a franchise, the right and power is hereby reserved by the Town to promulgate such additional regulations as it may find necessary in the exercise of its lawful powers giving due regard to the rights of the franchisee. Except as noted above, the foregoing does not allow for amendment by the Town of material terms of any franchise it issues without the consent of a franchisee.

The Town Council reserves the right to delegate its authority for franchise administration to a designated agent. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M7, 1996)

4.04.110 Construction standards.

All cable facilities constructed under this chapter shall be placed and maintained at such places and positions in or upon such public rights-of-way and public places so they shall not interfere with the passage of traffic and the use of adjoining property, and shall conform to the applicable section of the National Electrical Code, codes of the state of Washington, and Town rules, regulations, ordinances, codes, standards and policies pertaining to such construction.

At least ten days prior to the intended construction of cable facilities, a franchisee shall inform all residents in the affected area that a construction project will commence, the dates and nature of the project, and a toll-free telephone number which the subscriber may call for further information. A preprinted door hanger may be used for this purpose.

The Town reserves the right, as the interest of the public may require, to request the installation or construction of new cable facilities proposed by franchisee to be constructed in arterial thoroughfares or to be installed in alternate public rights-of-way which are substantially comparable in terms of the expense to franchisee for installation or construction, and which provide distribution to all affected parcels of property that is equal or better to the requested installation route. The Town shall give particular preference to the alternate installation location in cases in which the existing improvements to the public right-of-way would be affected by the proposed installation, or where the structural integrity of the surface of the right-of-way, or inconvenience to the public caused by the proposed installation, cannot be mitigated through alternative means. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M8, 1996)

4.04.120 Notice of entry on private property.

At least twenty-four hours prior to entering private property or streets or other public property or easements adjacent to or on such private property to perform new facility construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted upon the affected property. A franchisee shall make a good faith effort to comply with the property owner/resident’s preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M8(A), 1996)

4.04.130 Emergency repairs.

Notice requirements of Section 4.04.120 are suspended for purposes of entry upon private property to perform repairs at the subscriber’s request or in the event of system outage repairs or other emergencies in which insufficient time is available to provide notice to subscribers; provided, that franchisee obtains permission from subscriber to enter the private property. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M8(B), 1996)

4.04.140 Restoration of property.

After performance of work, franchisee shall restore private property as nearly as practicable to its condition prior to construction. Any disturbance of landscaping, fencing, or other improvements on private property shall, at the sole expense of a franchisee, be promptly repaired and restored (including replacement of such items as shrubbery and fencing) to the reasonable satisfaction of the property owner. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M8(C), 1996)

4.04.150 Location of cable facilities.

Whenever, in the sole opinion of the Town, any of a franchisee’s facilities or equipment need to be relocated or altered due to a construction or repair project by the Town in a public way, a franchisee shall move or relocate said facilities or equipment as required by the Town. Any relocation or alteration of a franchisee’s facilities or equipment required under this section shall be at the sole expense of a franchisee, except as otherwise provided in RCW 35.99.060. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M8(D), 1996)

4.04.160 Undergrounding.

In those areas and portions of the Town where the transmission or distribution facilities of the public utility providing telephone service and those of the facility providing electric service are underground or where underground placement is required for new or existing telephone and electrical service, then a franchisee shall likewise construct, operate and maintain all of its transmission and distribution facilities in the same area underground upon Town approval. Such activities shall be made in concurrence and cooperation with the other affected utilities. Amplifiers and associated equipment in a franchisee’s transmission and distribution lines may be in appropriate housing upon the surface of the ground. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M9, 1996)

4.04.170 Construction in right-of-way.

A. Right-of-Way Permit. A franchisee shall submit an application for, pay the permit fee, and obtain a right-of-way permit to perform work in any public rights-of-way in accordance with Section 12.04.020. Permits to perform work in public rights-of-way shall be available to all similarly situated applicants on the same terms and conditions. No work, other than emergency repairs, shall commence without such a permit. Emergency repairs may be made immediately with notification given to the Town no later than the next business day.

B. Installation. In accordance with the permit issued, all transmission lines, equipment, and structures shall be located and installed so as to cause minimum interference with the rights and reasonable convenience of property owners, and at all times shall be maintained in a safe condition, and in good order and repair. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety of the public. Franchisee must obtain written permission from the Town to install any poles or other fixtures in any right-of-way. Such poles and/or fixtures shall be placed in such manner as not to interfere with the usual travel on such right-of-way.

C. Interference with Use of Streets. When installing, locating, laying, or maintaining cable facilities, apparatus, or improvements, a franchisee shall not interfere with the use of any street to any greater extent than is necessary, and shall leave the surface of any such street in as good condition as it was prior to performance by franchisee of such work, or as otherwise specified in the permit. Any facility, apparatus, or improvement under this chapter shall be laid, installed, located, or maintained in conformance with instructions given by, and to the reasonable satisfaction of, the Town. In any event, a franchisee shall, at its own expense, and to the reasonable satisfaction of the Town in accordance with the terms of the right-of-way permit, restore to Town standards and specifications any damage or disturbance caused to streets as a result of franchisee’s construction or operations.

D. Relocation/Removal. Upon receipt of prior written notice consistent with the requirements of RCW 35.99.060, a franchisee, at its own expense, and within the time period prescribed by the Town, shall protect, support, temporarily disconnect, relocate, or remove any of its cable facilities or property when, in the judgment of the Town, the same is required by reason of traffic conditions, public safety, and/or improvements by governmental agencies. Nothing herein shall be deemed a taking of the property of a franchisee, and franchisee shall be entitled to no surcharge by reason of this section.

E. Town’s Performance of Work. After receipt of thirty days’ prior written notice, and upon the failure of a franchisee to commence, pursue, or complete any work required by the provisions of this chapter or failure to comply with any applicable federal, state or Town laws, ordinances, rules, regulations or standards to be performed on any street, within the reasonable time prescribed and to the reasonable satisfaction of the Town, the Town may, at its option, cause such work to be done, and a franchisee shall pay to the Town the reasonable cost thereof, within thirty days after receipt of demand. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M10, 1996)

4.04.180 Safety requirements.

A franchisee, in accordance with applicable national, state, and local safety requirements, shall at all times employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public. All structures and all lines, equipment and connections in, over, under, and upon the public rights-of-way or places of a franchise area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair.

The Town reserves the general right to see that the cable facilities of a franchisee are constructed and maintained in a safe condition. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M11, 1996)

4.04.190 Tree trimming.

Except for emergency conditions which may preclude prior approval, for locations in the rights-of-way or Town property, grantee shall obtain written approval or permit from the Town prior to commencing any tree trimming. In all other cases, grantee shall abide by all Town rules, regulations, ordinances, policies and standards, including the Town’s vegetation plan and Chapter 16.12 of this code pertaining to tree preservation. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M12, 1996)

4.04.200 Rates.

A. Within thirty days after the grant of any franchise hereunder, a franchisee shall file with the Town a complete schedule of all present rates charged to all subscribers.

B. Prior to implementation of any change in rates or charges for any service or equipment provided by a franchisee, a franchisee shall provide the Town and all subscribers a minimum of thirty days’ prior written notice of such change. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M13, 1996; Ord. 290 §§ 1-3, 1993)

4.04.210 Cable availability.

Cable service shall not be denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides subject to density and coverage limitations. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M14, 1996)

4.04.220 Franchise fee.

A franchisee shall pay to the Town a quarterly franchise fee no later than forty-five days following the end of such quarter, equal to a percentage of gross revenues for the preceding three months. Interest shall accrue if not paid by forty-five days from the end of the quarter. Such remittances shall be accompanied by forms to report reasonable detailed information as to the sources of such income. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M15, 1996)

4.04.230 Nondiscrimination.

In connection with rates, charges, cable facilities, rules, regulations and in all franchisee’s services, programs or activities, and all franchisee’s hiring and employment made possible by or resulting from this franchise, there shall be no discrimination by franchisee or by franchisee’s employees, against any person in accordance with the requirements of state or federal law.

This requirement shall apply, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Franchisee shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding nondiscrimination. Material and repeated violations of this provision shall be grounds for termination of this franchise by the Town and, in the case of the franchisee’s breach, may result in ineligibility for further Town agreements; provided, that nothing in this chapter shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled; and provided further, that connection and/or service charges may be waived or modified during promotional campaigns of a franchisee. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M16, 1996)

4.04.250 Transfer of ownership.

A franchise shall not be sold, transferred, leased, assigned, or disposed of in whole or in part either by sale, voluntary or involuntary merger, consolidation or otherwise, unless written approval is granted by the Town Council within one hundred twenty days after transfer application has been submitted. The Town Council’s approval shall not be unreasonably withheld. Such costs associated with this review process shall be reimbursed to the Town by a new prospective franchisee.

An assignment of a franchise shall be deemed to occur if there is an actual change in control or where ownership of fifty percent or more of the beneficial interests, singularly or collectively, are obtained by other parties. The word "control" as used herein is not limited to majority stock ownership only, but includes actual working control in whatever manner exercised.

A franchisee shall promptly notify the Town prior to any proposed change in, or transfer of, or acquisition by any other party of control of a franchisee’s company. Every change, transfer, or acquisition of control of a franchisee’s company shall cause a review of the proposed transfer. In the event that the Town adopts a resolution denying its consent and such change, transfer or acquisition of control has been effected, the Town may cancel the franchise. Approval shall not be required for mortgaging purposes or if said transfer is from a franchisee to another person or entity controlling, controlled by, or under common control with a franchisee.

The Town will exercise such regulatory control as it has under the Act to monitor ownership, control, utilization and transfer of a franchise. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M18, 1996)

4.04.260 Abandonment of property of franchisee.

Any property of a franchisee remaining in place ninety days after the termination or expiration of the franchise shall be considered permanently abandoned unless the franchisee has commenced removal within a reasonable amount of time. Any property of a franchisee which the franchisee intends to be abandoned in place shall be abandoned in such manner as the Town shall prescribe. Upon permanent intentional abandonment of the property of a franchisee in place, the property shall become that of the Town, and a franchisee shall submit to the Town Clerk-Treasurer an instrument in writing, to be approved by the Town Attorney, transferring to the Town the ownership of such property. If franchisee abandons property without removing the property or obtaining approval for a permanent abandonment in place, the Town is authorized to remove the property at franchisee’s sole expense. None of the foregoing affects or limits franchisee’s rights to compensation for an involuntary abandonment of its property under state or federal law. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M19, 1996)

4.04.270 Revocation for cause.

Any franchise granted by the Town may be terminated during the period of such franchise for failure by a franchisee to comply with material provisions of the franchise, FCC regulations or other applicable law. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M20, 1996)

4.04.280 Effect of termination for noncompliance.

If any franchise is terminated by the Town by reason of a franchisee’s noncompliance, that part of the system under such franchise located in the streets and public property shall, at the election of the Town, become the property of the Town in accordance with the Town’s as well as a franchisee’s rights and remedies under state and federal law. If the Town, or a third party, does not purchase the system, a franchisee shall, upon order of the Town Council, remove the system as required under Section 4.04.260, Abandonment of property of franchisee. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M21, 1996)

4.04.290 Indemnity and hold harmless.

As a condition to the issuance of any franchise under this chapter, the franchisee shall be required to agree to an indemnification provision as provided for in the franchise. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M22, 1996)

4.04.300 Insurance.

A franchisee agrees to maintain sufficient insurance to operate in the right-of-way and shall furnish the Town with a certified copy or original of such insurance policies naming the Town as an additional insured. The amount of such insurance policies shall be established in the franchise agreement. Such insurance must be in place no later than the date of acceptance of a franchise by a franchisee. This insurance shall be maintained in full force at the franchisee’s expense throughout the period of the franchise. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M23, 1996)

4.04.310 Performance bond/security fund.

A franchisee shall comply with any franchise regarding the agreed-upon performance bond or security fund.

A. The security fund shall serve as security for the payment of any penalties, fees, charges, or credits as provided for herein or under the franchise and for the performance by a cable operator of all its obligations.

B. The rights reserved to the Town with respect to the security fund are in addition to all other rights of the Town, whether reserved by any applicable franchise agreement or authorized by law, and no action, proceeding, or exercise of a right with respect to same shall in any way affect, or diminish, any other right the Town may otherwise have. (Ord. 20-617 § 2 (Exh. A (part)), 2020)

4.04.320 Inconsistency.

If any portion of this chapter should be inconsistent or conflict with any rule or regulation now or hereafter adopted then to the extent of the inconsistency or conflict the rule or regulation of the applicable federal or state agency shall control for so long, but only for so long, as such rule, regulation, or law shall remain in effect. The remaining provisions of this chapter shall not be affected thereby. (Ord. 20-617 § 2 (Exh. A (part)), 2020: Ord. 315 § M25, 1996)