A. Grant Of Franchise: The grantor hereby grants to the grantee the nonexclusive right to construct, operate and maintain in, on, along, across, above, over and under the streets, alleys, lanes and public places of the grantor, the poles, wires, cables, underground conduits, manholes and other facilities necessary for the maintenance and operation of a cable system throughout the entire territorial area of the grantor to provide cable service and other communications and information services.
B. Level Playing Field:
1. The grantor agrees that any grant of additional franchises or other authorizations including OVS authorizations by the grantor to any other entity to provide video or other services similar to those provided by the grantee pursuant to this agreement and over which the grantor has regulatory authority shall require that service be provided for the same territorial area of the grantor as required by this agreement and shall not be on terms and conditions (including, without limitation, the franchise fee obligations) more favorable or less burdensome to the grantee of any such additional franchise than those which are set forth herein.
2. In any renewal of this franchise, the grantor, should it seek to impose increased obligations upon the grantee, must take into account any additional franchise(s) or authorizations previously granted and find that the proposed increased obligations in the renewal are not more burdensome and/or less favorable than those contained in the additional franchise(s) or authorizations.
C. Acceptance; Effective Date; Franchise Term: The franchise granted herein will take effect and be in full force from such date of acceptance by the grantee recorded on the signature page of this chapter. The franchise shall continue in full force and effect until it expires on November 22, 2018. This franchise will be automatically extended for an additional term of five (5) years unless either party notifies the other, in writing, of its desire to terminate this agreement at least one year before the commencement of the five (5) year extension.
D. Area Covered: This franchise is granted for the entire territorial limits of the grantor (franchise area). The grantee, upon request, will make service available to all residences within the territorial limits of the grantor and any annexed territory in the event that: 1) such existing or annexed territory has a density of at least twenty five (25) homes per linear strand mile of cable as measured from existing cable system plant (excluding homes subscribing to direct satellite); 2) any such residence requesting service can be provided with service by a standard installation which will be no more than one hundred fifty feet (150') from the existing distribution system (standard installation); and 3) such existing or annexed territory is not being served by a cable television system operator other than the grantee or its affiliates, an open video system or a satellite master antenna television system. (Ord. 255, 10-6-2003)