Any cable television system licensed pursuant to the provisions of this chapter shall provide equal and uniform cable television service and rates, charges and fees within the license area to all dwelling units which it serves, provided that a licensee shall be free to offer and/or charge nonuniform rates, charges and fees to those subscribers or potential subscribers to whom:
A. Cable television services are then presently available from another cable television provider offering such services pursuant to a franchise, license or other authorization issued by the commission; and/or
B. Promotional subscriptions, or upgrade offers are made with the reduced or waived rate, charge or fee not to exceed twelve (12) months for any subscriber for any given offer.