27.410 Miscellaneous Provisions.

(1) Compliance with Laws. A franchisee shall comply with all applicable Federal, State, and local laws and regulations as they become effective, unless otherwise stated.

(2) Force Majeure. A franchisee shall not be deemed in default with provisions of its franchise where performance was rendered impossible by war or riots, civil disturbances, floods, or other natural catastrophes beyond the franchisee’s control, and a franchise shall not be revoked or a franchisee penalized for such noncompliance; provided, that the franchisee takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with its franchise without unduly endangering the health, safety, and integrity of the franchisee’s employees or property, or the health, safety, and integrity of the public, public rights-of-way, public property, or private property.

(3) Connections to System – Use of Antennas.

(a) Subscribers shall have the right to attach devices to a franchisee’s system to allow them to transmit signals or services for which they have paid to VCRs, receivers, and other terminals. Subscribers also shall have the right to use their own remote control devices, converters, and other similar equipment to receive signals for which they have paid, and a franchisee shall provide information to consumers which will allow them to adjust such devices so that they may be used with the franchisee’s system.

(b) A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna, nor disconnect an antenna except at the express direction of the subscriber or potential subscriber, nor prohibit or discourage a subscriber from installing an antenna switch; provided, that such equipment and installations are consistent with applicable codes.

(4) Calculation of Time. Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required hereunder and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of duration time.

(5) Severability. If any term, condition, or provision of this chapter shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding on the franchisee and the City.

(6) Captions. The captions and heading of this chapter are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of any provisions of this chapter.

[Prior code § 27.41]