AG 1998 02 16 - Laserfiche WebLink

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A. On-Going Regulation. The County shall exercise appropriate regulatory authority under the provisions of this Ordinance and applicable law. This authority shall be vested in the Board of County Commissioners and administered through the County Manager or his designee in order to provide day-to-day administration and enforcement of the provisions of this Ordinance and any Franchise granted hereunder, and to carry out the County's responsibilities with regard to cable communications. B. Change in Law or Regulation. Notwithstanding any other provisions of this Ordinance to the contrary, the Grantee shall at all times comply with all laws and regulations of the local, state and federal government. In the event that any actions of the state or federal government or any agency thereof, or any court of competent jurisdiction upon final adjudication, substantially reduce in any way the power or authority of the County under this Ordinance or the Franchise, or if in compliance with any local, state, or federal law or regulation, the Grantee finds conflict with the terms of this Ordinance, the Franchise, or any law or regulation of the County, then as soon as possible following knowledge thereof, the Grantee shall notify the County of the point of conflict believed to exist between such law or regulation and the laws or regulations of the County, this Ordinance and the Franchise. The County, at its option, may notify the Grantee that it wishes to negotiate those provisions which are affected in any way by such modification in regulations or statutory authority. Thereafter, the Grantee shall negotiate in good faith with the County in the development of alternate provisions which shall fairly restore the County to the maximum level of authority and power permitted by law. The County shall have the right to modify any of the provisions to such reasonable extent as may be necessary to carry out the full intent and purpose of this Ordinance and Franchise. C. Authority. The County reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the Cable Television System, the Franchise and the Grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the County, the County may following written notice to the Grantee but without the approval of the Grantee engage in any such additional regulation as may then be permissible, whether or not contemplated by this Ordinance or the Franchise, including without limitation, regulation regarding Franchise fees, taxes, programming, rates charged to subscribers and users, consumer protection, or any other similar or dissimilar matter. 5.2 SUPERVISION OF THE FRANCHISE. A. The County shall have the following regulatory responsibility: (I) Administration and enforcement of the provisions of this Ordinance and any Franchise granted hereunder.