§ 6.08.160. Miscellaneous provisions.

A.

Compliance With Laws. Each franchisee shall comply with all federal and Tennessee laws, as well as Metropolitan Nashville ordinances, resolutions, rules and regulations heretofore and hereafter adopted or established during the entire term of its franchise.

B.

No Recourse Against Metropolitan Nashville. Without limiting such immunities as Metropolitan Nashville or other persons may have under applicable law, a franchisee shall have no recourse whatsoever against Metropolitan Nashville or its officials, boards, commissions, agents or employees for any loss, costs, expense or damage arising out of any provision or requirement of this chapter or because of the enforcement of this chapter or Metropolitan Nashville's exercise of its authority pursuant to this chapter or other applicable law, unless the same shall be caused by criminal acts or by wilful misconduct or gross negligence.

C.

Rights.

1.

The rights reserved to Metropolitan Nashville by this chapter are cumulative and shall be in addition to and not in derogation of any other rights which it may have with respect to the subject matter of this chapter.

2.

Metropolitan Nashville reserves to itself the right to intervene in any suit, action or proceeding involving any provision of this chapter.

3.

No franchisee shall be relieved of its obligation to comply with any of the provisions of this chapter by reason of any failure of Metropolitan Nashville to enforce prompt compliance. Nor shall any inaction by Metropolitan Nashville be deemed to waive a provision voiding any provision of this chapter.

D.

Amendments to this Ordinance. In order to fulfill the public interest goals of this chapter, to provide additional communications service to Metropolitan Nashville through the use of cable television and thereby to ensure the benefits which will result from such service, Metropolitan Nashville shall specifically reserve the right in any franchise granted to amend this chapter to effectuate the public interest in the operation of a cable television system.

E.

Incorporation by Reference. Any franchise granted pursuant to this chapter shall include a provision which shall incorporate by reference this chapter into such franchise as fully as if copied therein verbatim.

F.

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.

G.

Public Emergency. In the event of a major public emergency or disaster as determined by Metropolitan Nashville, a franchisee immediately shall make the entire cable system, employees, and property, as may be necessary, available for use by Metropolitan Nashville or other civil defense or governmental agency designated by Metropolitan Nashville to operate the system for the term of such emergency or disaster for the emergency purposes. In the event of such use, a franchisee shall waive any claim that such use by Metropolitan Nashville constitutes a use of eminent domain; provided that Metropolitan Nashville shall return use of the entire system, employees, and property to the franchisee after the emergency or disaster has ended or has been dealt with.

H.

Connections to System—Use of Antennae.

1.

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 VCR's, receivers, and other terminal equipment. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment, 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.

2.

A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna, or disconnect an antenna except at the express direction of the subscriber or potential subscriber, or prohibit or discourage a subscriber from installing an antenna switch; provided that such equipment and installations are consistent with applicable codes.

I.

Calculation of Time. Unless otherwise provided, when the performance or doing of any act, duty, matter, or payment is required under this chapter or any franchise agreement, 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.

J.

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 Metropolitan Nashville and shall thereafter be binding on the franchisee and Metropolitan Nashville.

K.

Notice. Every direction, notice or order to be served upon the franchisee shall be sent to its local office, which shall be located in the franchise area. Every notice to be served upon Metropolitan Nashville shall be delivered, with registered letter by registry receipt, to the metropolitan clerk at the Metropolitan Courthouse. The delivery or mailing of such notice, direction or order shall be equivalent to direct personal notice, direction or order, and shall be deemed to have been given at the time of delivery.

L.

Materiality. Specific mention of the materiality of any of the provisions herein is not intended to be exclusive of any others for the purpose of determining whether any failure of compliance hereunder is material and substantial.

M.

Right of Intervention. Metropolitan Nashville may intervene in any suit or proceeding in which the franchisee is a party; provided, that Metropolitan Nashville's interests are not adequately represented by the existing parties; and provided further, that the disposition of each suit or proceeding without Metropolitan Nashville's participation, may as a practical matter, impair or impede Metropolitan Nashville's ability to protect its interests.

(Ord. 95-1368 § 2 (part), 1995)