§ 138-6. Applicability to MCS provider.

Multichannel service (MCS) provider franchise agreements, or other MCS agreements, licenses or permits are subject to and shall be governed by the terms, conditions and provisions of this chapter (ordinance) and any amendments thereto. Also subject to all terms, conditions and provisions of this chapter and any amendments thereto, are providers of multichannel service not otherwise subject to local franchising authority, but who are not exempted from compliance with applicable local regulatory ordinances or laws by federal or state law, rule or regulation. In the event of any conflict or ambiguity between this chapter, and any amendments thereto, and any franchise agreement or other agreement, license or permit subject to this chapter in whole or in part, or any amendments thereto, this chapter and any amendments thereto shall control, unless preempted by federal or state law, rule or regulation.

A. 

With respect to provisions classified as "consumer protection" and "customer service," and specifically those sections that are contained within this chapter, and that follow this section, that are denoted by an asterisk(*) following the section heading, such sections and provisions shall specifically be applicable to any and all MCS providers operating in the Town, unless:

(1) 

The MCS provider is exempted from the ordinance, or any applicable provision thereof; or

(2) 

The MCS provider requests and is granted relief from any applicable provision of the ordinance so designated; or

(3) 

The applicability of the provision is preempted by the force of a superseding state or federal law, rule or regulation.

B. 

Moreover, such MCS provider that is providing service as of the effective date of this chapter, shall be expected to comply with, and abide by, applicable consumer protection and customer or subscriber service provisions no later than 300 days after the effective date of this chapter, or upon the grant of a new or renewed franchise, other agreement, license or permit, whichever occurs sooner.

C. 

All other provisions contained within this chapter shall be applicable to and of full force and effect 30 days after the date of adoption of this chapter with respect to any MCS provider that is providing service as of the effective date of this chapter, unless:

(1) 

The MCS provider is exempted from this chapter (or any applicable provision); or

(2) 

The MCS provider requests and is granted relief from any applicable provision of this chapter; or

(3) 

The applicability of the provision is preempted by the force of a superseding federal or state law, rule or regulation in place at the time.

D. 

Subsections A and B of this section are not intended to repeal, and do not have the effect of repealing, any current franchise, other agreement, license or permit that presently exists between the Town and a franchised MCS provider.

E. 

As a result of Subsection C of this section, the provisions of this chapter shall have no effect on an existing franchise, other agreement, license or permit with respect to requiring additional substantial capital investment, until the expiration of such existing franchise, other agreement, license or permit, or until one of the following occurs:

(1) 

Prior to the expiration date of a franchise, other agreement, license or permit, the Town Board and the affected franchised MCS provider either execute an amended franchise, other agreement, license or permit; or

(2) 

Both parties agree to a specific date for the expiration of said existing franchise, other agreement, license or permit, which in fact is prior to the present franchise, other agreement, license or permit expiration date; or

(3) 

A court of competent jurisdiction orders that an existing MCS provider become subject to all, or any part or provision, of this chapter.

F. 

Notwithstanding anything to the contrary in this section, to assure the protection of the health and safety of the public, any and all MCS providers shall be subject to, and shall be required to comply with, all safety and safety-related codes of the Town and with the safety and safety-related requirements of this chapter, at all times, regardless of the status of any current franchise, agreement, license or permit. This shall specifically include:

(1) 

The National Electrical Code;

(2) 

The National Electrical Safety Code; and

(3) 

Any other applicable safety and safety-related codes of the Town or the state.