Canandaigua, Town |
Code of Ordinances |
Part II. General Legislation |
Chapter 138. Multichannel Service Providers |
§ 138-5. Administration; delegation of powers and authority.
Latest version.
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A.The Town Board is hereby designated the entity of the Town that is responsible for the continuing administration of this chapter, and matters related to multichannel service including cable service, cable systems, and cable operators.B.Unless prohibited by federal, state (including any applicable provision of the PSC) or local law, the Town Board may further delegate its powers and authority to a duly authorized representative with respect to administering this chapter or an applicable franchise, other agreement, license or permit authorizing the construction, operation and maintenance of a multichannel system, as is permissible under applicable state and federal law.C.Moreover, unless prohibited by federal, state, or local law, the Town Board may create an appointed or elected advisory council, commission, or committee which is designed to handle issues concerning multichannel service and multichannel service providers. If such a board, commission, or committee is created, then a separate resolution, ordinance, or document shall be adopted wherein the precise powers and authorities of the board, commission, or committee shall be outlined.D.However, the Town Board may never delegate its initial or renewal franchising, licensing or permitting power, or power of revocation of such, to another person or representative (including any advisory council, commission, or committee). Moreover, while the Town Board may use an outside consultant to review any rates that are subject to the Town's review under the Cable Act, the Town Board nonetheless may not delegate its ultimate rate-making power to another person or representative (including an advisory council, commission, or committee).