A. Grantor may grant one or more permits for the service area. Grantor may, in its sole discretion, limit the number of permits 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 coaxial and fiber optic cables, in addition to the cables, conduits and pipes of the utility systems, such as electrical power, telephone, gas and sewerage.
2. The impact on the community of having multiple permits.
3. The disadvantages that may result from cable system competition, such as requirements for multiple pedestals on residents' property, and the disruption arising from numerous excavations of the rights of way.
4. The financial capabilities of the applicant and its guaranteed commitment to make the necessary investment to erect, maintain and operate the proposed system for the duration of the permit term.
B. Each grantee awarded a permit to serve the entire city shall offer service to all residents in the city, in accordance with construction and service schedules mutually agreed upon between grantor and grantee, and consistent with applicable law.
C. Grantor may require that any new grantee be responsible for its own underground trenching and the costs associated therewith, if, in grantor's opinion, the rights of way in any particular area cannot feasibly and reasonably accommodate additional cables.
D. Any additional permit granted by the city to provide cable service in a part of the city in which a permit has already been granted and where an existing grantee is providing service shall require the new grantee to provide service throughout its service area within a reasonable time and in a sequence which does not discriminate against lower income residents. (Ord. 6007, 8-23-2004)