(a) Any Franchise granted shall be nonexclusive. The Grantor specifically
reserves the right to grant, at any time, such additional Franchises for a Cable Television System or any component thereof, as it deems appropriate, subject to applicable State and federal law, provided, however, that no Franchise shall be granted on terms materially less burdensome or more favorable than any other Franchise granted hereunder. In the event of any disagreement on this issue, the burden shall be on the protesting Grantee to establish that the subsequent or additional Franchise is more favorable or less burdensome.
(b) If the Grantor issues more than one (1) cable television Franchise, an existing Franchise Grantee shall have a right to request amendments to its Franchise Agreement that relieve such Grantee of regulatory burdens that create a competitive disadvantage to such Grantee. In requesting amendments, the Grantee shall file with the Clerk of the Council a petition seeking to amend its Franchise Agreement. Such petition shall: (1) identify the basis for Grantee's belief that certain provisions of its Franchise Agreement place Grantee at a competitive disadvantage and (2) identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage.
(c) The Council may consider the petition solely upon the documents and
evidence provided in support of it by the Grantee or may request additional information from the Grantee in support of its position and/or conduct its own investigation of the facts and circumstances. The Council shall respond to the petition within ninety (90) days from the date it is filed with the Clerk of the Council, unless such time is extended for good cause shown.
(Ord. 1998-268. Passed 12-21-98.)