(a) In the event that the City grants one (1) or more franchise(s) or similar authorization(s), for the construction, operation and maintenance of any communication facility which shall offer services substantially equivalent to services offered by the Cable System it shall not make the grant on more favorable or less burdensome terms. If Grantee finds that the agreement(s) granting said other franchise(s) contain provisions imposing lesser obligations on the Company(s) thereof than are imposed by the provisions of this Franchise, Grantee may petition the City for a modification of this Franchise. The Grantee shall be entitled, with respect to said lesser obligations to such modification(s) of this Franchise as may be determined to be necessary to insure fair and equal treatment by this Franchise and said other agreements.
(b) In the event that a non-franchised multichannel video programming distributor provides service to the residents of the City, the Grantee shall have a right to request Franchise amendments that relieve the Grantee of regulatory burdens that create a competitive disadvantage to the Grantee. In requesting amendments, the Grantee shall file a petition seeking to amend the Franchise. Such petitions shall:
(1) Indicate the presence of a non-franchised competitor(s);
(2) Identify the basis for Grantee’s belief that certain provisions of the Franchise place Grantee at a competitive disadvantage;
(3) Identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage.
(c) The City shall not unreasonably withhold granting the Grantee’s petition and so amending the Franchise. (Ord. 2000-7. Passed 9-19-00.)