6.22.090 Non-Exempt MCS Providers Seeking Relief from this Chapter.
(1) Any MCS provider affected by this Chapter may file a written petition, at any time, with the Council/franchising authority seeking relief from one (1) or more provisions of this chapter. The relief requested may specifically include the delay in implementation (as to the petitioning MCS provider only) of one (1) or more provisions of this Chapter.
(2) In order to receive any relief from one (1) or more of the provisions of this Chapter, a non-exempt MCS provider must satisfactorily demonstrate to the Council/franchising authority that at least one (1) of the following facts exist:
(a) the provision and/or requirement is expressly prohibited by Federal law, the FCC, or State law; or
(b) where applicable, that the provision in question materially affects, and is in conflict with an expressed right that is specifically noted in an existing franchise agreement (but only for the term of the existing franchise); or
(c) that the imposition of such provisions and/or requirements will create such an undue economic hardship on a MCS provider so as to imperil or eliminate an MCS provider’s ability to provide multi-channel service to a majority of current subscribers; or
(d) that the MCS provider has its own construction, maintenance, operation, or customer service policy, which the Council/franchising authority deems comparable to, or exceeding, any provision and/or requirement from which the MCS provider seeks relief.
(3) Pursuant to the provisions of Section 6.22.060, Provo City Code, the Mayor shall have the responsibility of determining whether an MCS provider’s construction, maintenance, operation, or customer service policy, is comparable to, or exceeds, a similar provision in this Chapter.
(4) In accordance with this Chapter, the Council/franchising authority may charge the petitioning MCS provider with the actual costs for processing such a petition.
(5) In those instances where the Council/franchising authority grants an exemption or relief to an MCS provider, then the franchise agreement (initial, existing, or renewal) shall be amended (within thirty (30) days) to reflect the exact extent of such exemption and/or relief.