§ 6.26.340. Conflict with other laws.

Where a provision of this chapter or grantee's franchise is in conflict with any state or federal statute or a rule of the Tennessee Public Service Commission or FCC, so that grantee cannot reasonably comply with both the provisions of this chapter or franchise and the statute or rule of the Tennessee Public Service Commission of FCC, then grantee may comply with such rule instead of the conflicting provision of this chapter or the franchise until such time as the metropolitan government obtains a contrary ruling or other relief from an appropriate regulatory agency or court of competent jurisdiction; provided, that the metropolitan government is given written notice of and a statement of the legal grounds for such noncompliance. Grantee shall comply with all remaining provisions of this chapter or franchise. Notice of noncompliance given pursuant to this shall not relieve grantee—upon determination that the noncompliance was unlawful or otherwise improper—from the obligation to pay more damages, redo work at grantee's expense, or otherwise take such steps as may be necessary to restore the metropolitan government to the position it would have been in if grantee had remained in compliance with this chapter and its franchise.

(Amdt. 1(34) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 34, 1994)