(A) In the event the City enters into or has entered into a binding permit of any kind with any person other than the cable operator to enter into the public ways for the purpose of constructing or operating a cable system or providing cable service or video service to any part of the service area, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law.
(B) If another provider of cable services, video services or other television services utilizing any system or technology requiring use of the public way in the service area, is lawfully authorized by any governmental entity or otherwise exempt in the future from obtaining a permit as provided for in this article in order to provide such services, the City agrees that, upon a written request from the cable operator, as a matter of law, the cable operator’s permit will be modified within 60 days of the granting of such authorization or exemption for the purpose of establishing the same terms and conditions on a competitively neutral basis. Except as specifically provided in this subsection (B), neither the City nor the cable operator shall be permitted to take any unilateral action that materially changes the explicit mutual promises and covenants contained in this permit, and any changes, modifications or amendments to this permit must be made in writing, signed by the City and the cable operator.
(Ord. 2023-12, passed 9-19-2023)