§ 8. Review or Re-negotiation  


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  • Recognizing that the field of telecommunications is rapidly changing in the areas of regulation, technology, financing, marketing, and law, therefore, in order to provide maximum flexibility in this franchise and to help achieve a continued advanced and modern system, the following provisions are established for review and re-negotiation of the franchise hereby granted:

    (a) In the event of a change in federal or state law materially affecting such provisions and upon request by either the City or the Grantee to the other, the parties shall re-negotiate the provisions of this ordinance pertaining to regulation of rates and services (Section 5), compensation (Section 9), or programming (Section 10).

    (b) The City shall review the entire franchise operation within 30 days of every fifth anniversary of the franchise hereby granted to determine to the extent permitted by federal or state law if any changes are needed in the service rate structures; free or discounted services; application of new technologies; system performances; services provided; programming offered; customer complaints; privacy in human rights; amendments to this ordinance; undergrounding progress; and judicial and Federal Communication Commission rulings.

    (c) Special review and re-negotiation sessions may be held at any time during the term of the franchise on the request of either the City or the Grantee with such request to specify the topics to be reviewed and renegotiated including any proposals therefor.

    (d) Nothing contained in subsection (b) or (c) of this section, however, shall be construed as requiring either the City or grantee to negotiate a new franchise, or modify or extend an existing franchise.