§ 138-8. MCS providers seeking relief from this chapter.

A. 

Any MCS provider affected by this chapter may file a written petition, at any time, with the Town Board seeking relief from one or more provisions of this chapter. An MCS provider may specifically request exemption or relief from, or delay in implementation (but as to the petitioning MCS provider only), of one or more provisions of this chapter. Also, the MCS provider may request that a specific provision of the ordinance apply to such MCS provider for a specified or limited length of time or duration. The petition shall set forth the relief requested and the basis thereof with such supporting information and material as may be applicable and deemed necessary by the Town Board.

B. 

Any request submitted in accordance with this section that does not contain a clearly articulated explanation or rationale for each item or matter being requested, individually, shall be deemed incomplete and returned to the petitioner without action.

C. 

In order to receive relief from one or more of the provisions of this chapter, an MCS provider must satisfactorily demonstrate to the Town Board that at least one of the following facts exist:

(1) 

The provision and/or requirement is expressly prohibited by federal law, the FCC, or state law, rule or regulation, including any specific rule or regulation of the PSC; or

(2) 

Where applicable, that the provision in question materially affects, and is in substantial conflict with an expressed right that is specifically noted in an existing franchise, other agreement, license or permit (but only for the term of the existing franchise, other agreement, license or permit). This provision covers situations where an MCS provider classified as a cable operator seeks, and is granted, modification of an existing franchise, other agreement, license or permit under Section 625 of the Cable Act (codified at 47 U.S.C. § 545); or

(3) 

That compliance with a particular provision and/or requirement will be commercially impracticable for an MCS provider; or

(4) 

That one or more time frames listed in this chapter are either impossible to meet, or are impracticable to meet; or

(5) 

That the MCS provider has its own policy which the Town Board deems comparable to, or on excess of, any provision and/or requirement from which the MCS provider seeks relief; or

(6) 

That the health, safety, and welfare interests of the Town and the public otherwise warrant the granting of such relief.

D. 

The Town Board shall be the sole determiner of whether an MCS policy, is comparable to, or exceeds, a similar provision in this chapter.

E. 

As an alternative to seeking an exemption, or requesting relief, an MCS provider may petition for clarification concerning the precise intent and effect that one or more provisions or sections of this chapter have on the petitioning MCS provider.

F. 

In those instances where the Town Board grants an exemption or relief to a franchised MCS provider, or deems a franchised MCS provider's operational policy to be comparable to an ordinance provision, then the franchise, other agreement, license or permit (initial, existing, or renewal) shall be amended within 60 days to reflect the exact extent of such exemption and/or relief.

G. 

It should be specifically noted that the benefit of such exemption, relief, clarification, or comparable policy extends only to the MCS provider granted such exemption, relief, clarification, or comparable policy. Consequently, in the case of a transfer, assignment or sale of the system, the proposed transferee, assignee, or buyer may, if required by the Town Board, be required to petition separately for such relief, clarification, exemption, or comparable policy substitution. For purposes of clarification, this shall mean that unlike certain other amendments to the franchise, other agreement, license or permit as may be required by law, there shall be no automatic transfer of any exemption, relief, clarification or comparable policy to a transferee of a franchise, other agreement, license or permit, or a new owner of a multichannel system.