If any other provider of cable services or video services (without regard to the technology used to deliver such services) is lawfully authorized by the grantor or by any other state or federal governmental entity to provide such services using facilities located wholly or partly in the public right-of-ways of the grantor, the grantor shall, within 30 days of a written request from grantee, modify this franchise to ensure that the obligations applicable to grantee are no more burdensome than those imposed on the new competing provider. If the grantor fails to make modifications consistent with this requirement, grantee’s franchise shall be deemed so modified 30 days after the grantee’s initial written notice. As an alternative to the franchise modification request, the grantee shall have the right and may choose to have this franchise with the grantor be deemed expired 30 days after written notice to the grantor. Nothing in this franchise shall impair the right of the grantee to terminate this franchise and, at grantee’s option, negotiate a renewal or replacement franchise, license, consent, certificate or other authorization with any appropriate government entity.
(Prior Code, § 13.04.090) (Ord. 2019-11, passed 9-16-2019)