(A) Delegation of powers and authority. Unless prohibited by Federal or State law, the Council may delegate its delegable powers and authorities with respect to a cable operator to one or more duly authorized representatives of the City, including the Mayor, the City Administrator, or a Cable Advisory Board. Provided, the Council may never delegate its franchising or revocation power to another person. A cable operator may appeal to the Council any decision made pursuant to such a delegation.
(B) Retained rights and authorities. Subject to Federal or State law, the City retains the authority for:
(1) The regulation and control of any cable system within the geographical limits of the City, and within the limits prescribed by applicable law;
(2) The award and grant of a cable franchise subsequent to review of an application or proposal by the Council;
(3) The amendment of a franchise by mutual agreement of the Council and the holder of the franchise;
(4) The regulation of rates and charges associated with the providing of cable service by a cable operator;
(5) The enforcement of all laws and regulations relating to cable customer service practices and consumer protection.
(C) No waiver of immunities. Notwithstanding the above, nothing in this chapter shall be read to constitute or to require a waiver of any rights of the City under the doctrine of sovereign immunity, provided, such exercise shall not impair the rights and privileges of any cable operator under a franchise then in force.
(Ord. 13-08, passed 6-3-13)
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