A franchisee who has referred to and incorporated in its application the provisions
of sections 90-347 and 90-348, below, shall comply with the provisions of said sections during the term of the
franchise.
If a franchise is issued to an applicant who has referred to and incorporated the
provisions of said sections in its application, the receipt by such applicant at any
time during the term of the franchise of rates or charges which are inconsistent with
the provisions of Government Code § 53066.01 shall be deemed to constitute a substantial
and material failure to comply with the franchise documents within the meaning of section 90-51 in division 1.
If, at any time hereafter, the right of the franchisee to elect exemption under Government
Code § 53066.01 or other federal or state law shall be abridged or repealed in any
manner, the commission's full regulatory authority shall thereupon be restored pro
tanto.
