(a) Any franchise granted pursuant to this chapter shall be nonexclusive.
(b) The City reserves the right to award additional franchises, provided, however, that the City shall not authorize or permit another person to construct, operate or maintain a cable system, or otherwise to utilize the streets for the delivery to subscribers of any service, on terms and conditions which are more favorable or less burdensome than those applied to the grantee, with respect to the following specific matters:
(1) The term of any such authorization shall be no more than the term of this franchise;
(2) The franchise fee assessed on any such other person shall be no less, as a percent or portion of the person's gross revenues that are attributable to its provision of any service, than the fee the grantee pays under this franchise for any similar service; and
(3) The channels and support for public, educational and governmental access channels provided by any such other person shall be no less than the channels and support provided by the grantee.
(c) If the City authorizes or permits another person to utilize the streets to deliver any service to subscribers, the City shall do so on condition that such cable television system indemnify and hold harmless a grantee from and against all costs and expenses incurred in strengthening poles, replacing poles, rearranging attachments and placing underground facilities, and all other costs, including those of a grantee, the City and utilities, which are incidental to inspections, preparation and construction of an additional cable television system in the franchise area, provided that a grantee shall be designated a third party beneficiary of such conditions as are incorporated into the authorization(s) granted to another cable television system.
(d) In the event another person is authorized to provide services on terms and conditions that, with respect to any of the specific matters identified above, are more favorable or less burdensome than the terms and conditions applicable to a grantee under this agreement, the City shall adjust the terms and conditions in such other authorization, or in this agreement, so that the terms and conditions applicable to the other person are not more favorable or less burdensome than those that are applicable to prior grantees.
(Ord. 95-17. Passed 9-18-95.)