A. Grantor may grant any number of franchises subject to applicable state or federal law. Grantor may limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and specific local considerations, such as:
1. The capacity of the public rights-of-way to accommodate multiple cables in addition to the cables, conduits and pipes of the utility systems, such as electrical power, telephone, gas and sewerage.
2. The benefits that may accrue to subscribers as a result of cable system competition, such as lower rates and improved service.
3. The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations of the public rights-of-way.
B. Where electric and telephone utilities are to be placed underground in any new residential housing developments, grantor and the developer of such. new residential housing shall give each grantee serving the franchise area within which the new residential housing development is located at least ten working days prior written notice of the date on which open trenching will be available for the grantee's installation of conduit, pedestals and vaults. On request of the grantor or developer, the grantee shall provide specifications needed for trenching.
C. Grantor may require that any new entrant, nonincumbent grantee be responsible for its own underground trenching and the costs associated therewith, if, in grantor's opinion, the public rights-of-way in any particular area cannot feasibly and reasonably accommodate additional cables. (Ord. 02-101 § 6(part), 2002)