(A) (1) The city shall grant franchises on terms that are competitively neutral and nondiscriminatory and shall include similar terms pertaining to:
(a) Term;
(b) Franchise fees;
(c) Public, educational, and governmental (“PEG”) access channels; and
(d) PEG access capital and operating support.
(2) Any franchise granted, when evaluated as a whole, shall not be more favorable or less burdensome than any other franchise granted under this chapter.
(B) (1) The city will notify existing grantees in writing at least 30 days in advance, with a copy of a proposed additional franchise, of its intent to grant an additional franchise for cable services.
(2) Within ten days after receipt, existing grantees may give written notice to the city that the proposed additional franchise is inconsistent with division (A) above.
(3) The city shall, prior to approving the additional franchise, notify existing grantees of the city’s determination related to the notice under division (B)(2) of this section.
(4) If the city determines that the terms of an additional franchise are more favorable or less burdensome than those imposed upon the grantees, then:
(a) Except for PEG capital and operating grant requirements:
1. The city may make modifications as it deems necessary to ensure that the terms of the additional franchise are no more favorable or less burdensome than those imposed upon existing grantees; or
2. The city may modify the terms and requirements of existing franchises as mutually agreed to by existing grantees, and if the existing grantees do not reasonably so agree the city shall be deemed to have fulfilled its obligations under division (A) above.
(b) 1. The city may adjust the PEG capital and operating grant requirements to ensure the total dollars contributed by a new grantee are the same as required of existing grantees.
2. In the event existing grantees have paid the city amounts in excess of the amounts required of the new grantee, the city will refund the difference to existing grantees.
(5) The city shall provide notice to existing grantees of the date, time, and place of its proceedings relating to the approval of the proposed franchise.
(Ord. passed 8-27-02)