§ 49-25. Regulatory authority.  


Latest version.
  • A. 
    The town shall exercise appropriate regulatory authority under the provisions of this chapter and applicable law. This authority shall be vested in the Town Board and administered through the Town Supervisor or his/her designee in order to provide day-to-day administration and enforcement of the provisions of this chapter and any franchise granted hereunder and to carry out the town's responsibilities with regard to cable communications.
    B. 
    If a material provision is held to be invalid by a court of competent jurisdiction or rendered a nullity by federal or state legislation or regulatory action, the grantee and the town shall promptly and in good faith renegotiate provisions of this agreement affected by the loss of the aforementioned material provision to ensure that the town is restored, insofar as is reasonably possible, to its approximate status relative to the other as existed prior to said judicial, legislative or regulatory action.
    C. 
    The town reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable communications system, the franchise and the grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the town, the town may, without the approval of the grantee, engage in any such additional regulation as may then be permissible, whether or not contemplated by this chapter or the franchise, including, without limitation, regulation regarding franchise fees, taxes, programming, rates charged to subscribers and users, consumer protection or any other similar or dissimilar matter.