2007-49 AMENDING CHAPTER 42 OF THE CITY CODE

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B. All Franchise Agreements and Competitive Video Servi e Agreements granted by ordinance pursuant to this Chapter shall be nonexclusive. The City C uncil reserves the right to issue as many permits as it deems advisable in the public interest. C. The Franchise Agreements or Competitive Video Service Agreements shall take effect and will be in force from and after the earliest period allowed �y law, and upon the filing by the Provider with the Municipality of its acceptance, in writing, f each and all of the terms and provisions of the Franchise Agreement or Competitive Video Se ice Agreement; provided, however, if the Provider shall fail to file such written acceptance ithin thirty days after the passage of the ordinance by the City Council, then the ordinan e granting the Franchise Agreement or Competitive Video Service Agreement shall be null an void. D. If any section, subsection, sentence, clause, phrase or po ion of this Chapter is for any reason held invalid or unconstitutional by any court of competen jurisdiction, or in conflict with rules and regulations of the Federal Communications Commission, then such portion shall be deemed a separate, distinct and independent provision of this Cha ter, and such holding shall not affect the validity of the remaining portions thereof. E. Any Franchise Agreements or Competitive Video Se ice Agreements executed pursuant to this Chapter may be revoked, after a full due process he ring, by a simple �najority vote of the City Council upon the recommendation of the Municipali y, for violation of material provisions of this Chapter, after giving the Provider ninety days noti e in writing of intention to revoke such permit, unless such violation is corrected during the per od of notice, or unless the Provider has made a reasonable attempt to correct the violation durin that time and is unable to correct to correct such violation despite such reasonable attempts. F. The term of each Franchise Agreement and Competitive Video Service Agreement shall be determined b the Cit Council, the effective date to be ursuant to Subsection C. Y Y above. G. All renewals shall be in accordance with federal law, if app icable. 8. SERVICE RATES TO SUBSCRIBERS: CUSTOMER ERVICE. A. Providers may set their own service rates and condition of service subject to the terms of a Franchise Agreement or Competitive Video Service Agree ent. B. An up-to-date copy of all the Provider's rates, rules, regulat ons and policies having to do with subscriber service must be made available to custorners, or n the Provider's Web site, and provided to the Municipality upon request. C. Providers shall institute reasonable consumer service tandards consistent with Federal regulatians (47 C.F.R. §76.309(c)) and as may be required 'n any Competitive Video Service Agreement or Franchise granted by the Municipality. A veri ied and continuing pattern of noncompliance with such customer service standards shall constit te a material breach of an agreement entered into pursuant to this Chapter 42. 7