§ 117.14  FRANCHISES COMPETITIVELY NEUTRAL AND NON-DISCRIMINATORY.
   (A)   (1)   The town shall grant franchises on terms that are competitively neutral and non-discriminatory and shall include similar terms pertaining to:
         (a)   Term;
         (b)   Franchise fees;
         (c)   Public, educational, and governmental (“PEG”) access channels;
         (d)   PEG access capital and operating support
      (2)    Any franchise granted, when evaluated as a whole, shall not be more favorable or less burdensome than any other franchise granted under this chapter.
   (B)   Procedure for review and equal requirements.
      (1)   The town will notify existing grantees in writing at least 30 days in advance, with a copy of a proposed additional franchise, of its intent to grant an additional franchise for cable services.
      (2)    Within ten days after receipt, existing grantees may give written notice to town that the proposed additional franchise is inconsistent with (A) above.
      (3)   The town shall, prior to approving the additional franchise, notify existing grantees of the town’s determination related to notice under the terms of this chapter.
      (4)   If the town determines that the terms of an additional franchise are more favorable or less burdensome than those imposed upon the grantees, then:
         (a)   Except for PEG capital and operating grant requirements:
            1.    The town may make such modifications as it deems necessary to ensure that the terms of the additional franchise are no more favorable or less burdensome than those imposed upon existing grantees; or
            2.   The town may modify the terms and requirements of existing franchises as mutually agreed to by existing grantees, and if the existing grantees do not reasonably so agree, the town shall be deemed to have fulfilled its obligations under (A) above.
         (b)   The town may adjust the peg capital and operating grant requirements to ensure the total dollars contributed by a new grantee are the same as required of existing grantees.  In the event existing grantees have paid town amounts in excess of the amounts required of the new grantee, the town will refund the difference to existing grantees.
      (5)   The town shall provide notice to existing grantees of the date, time, and place of its proceedings relating to the approval of the proposed franchise.
(Ord. 1497, passed 2-22-06)