Common use of Competitive Equity Clause in Contracts

Competitive Equity. (A) If the City grants a competitive franchise which, in the reasonable opinion of the Franchisee, contains more favorable or less burdensome terms or conditions than this Franchise Agreement, the Franchisee may notify the City that it wishes to renegotiate certain specified provisions of the Franchise Agreement. Within 30 days after the Franchisee provides such notice, both parties must begin to negotiate in good faith, and either party to this Franchise Agreement may request changes to amend this Agreement so that neither the Franchisee's Franchise Agreement nor that of the competitor contains terms that are more favorable or less burdensome than the other. For purposes of this section, the franchises must be viewed as a whole, not on a provision- by-provision basis, and the franchises must be compared with due regard for the circumstances existing at the time each franchise was granted. (B) In the event an application for a new cable television franchise is filed with the Franchising Authority proposing to serve the Franchising Area, in whole or in part, the Franchising Authority shall serve or require to be served a copy of such application upon the Franchisee by registered or certified mail or via nationally recognized overnight courier service within ten (10) days of receipt by the Franchising Authority. (C) In the event that a cable provider provides Cable Service to the City’s residents under an authorization that is unavailable to the Franchisee, the Franchisee shall have a right to request amendments to this Franchise Agreement that relieve the Franchisee of regulatory burdens that create a competitive disadvantage to the Franchisee. In requesting amendments, the Franchisee shall file a petition seeking to amend the Franchise Agreement. Such petition shall: (1) indicate the presence of a competitor that has an authorization that is unavailable to the franchisee; (2) identity the basis for Franchisee's belief that certain provisions of the Franchise Agreement place Franchisee at a competitive disadvantage; and (3) identity the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. The City Council shall hold a public hearing to evaluate the petition and hear views of interested parties. The Franchising Authority shall not unreasonably withhold consent to the Franchisee's petition. (D) If revised terms have not been agreed to within 120 days under Section 2.5(A) or if the petition is not granted under 2.5(C), Franchisee may elect to shorten the remaining term of this Franchise to not more than thirty six (36) months and shall be deemed to have timely invoked the formal renewal rights and procedures set forth in §626 of the Federal Cable Act, or may bring an action in federal or Virginia state court for a determination as to whether the regulatory burdens are substantially more favorable to the competitor.

Competitive Equity. (A) 2.5.1 If the City grants a competitive franchise which, in the reasonable opinion of the Franchisee, contains more favorable or less burdensome terms or conditions than this Franchise Agreement, the Franchisee may notify the City that it wishes to renegotiate certain specified provisions of the Franchise Agreement. Within 30 days after the Franchisee provides such notice, both parties must begin to negotiate in good faith, and either party to this Franchise Agreement may request changes to amend this Agreement so that neither the Franchisee's ’s Franchise Agreement nor that of the competitor contains terms that are more favorable or less burdensome than the other. For purposes of this section, the franchises must be viewed as a whole, not on a provision- provision-by-provision basis, and the franchises must be compared with due regard for the circumstances existing at the time each franchise was granted. (B) 2.5.2 In the event an application for a new cable television franchise is filed with the Franchising Authority proposing to serve the Franchising Area, in whole or in part, the Franchising Authority shall serve or require to be served a copy of such application upon the Franchisee by registered or certified mail or via nationally recognized overnight courier service within ten (10) days of receipt by the Franchising Authorityservice. (C) 2.5.3 In the event that a cable provider provides Cable Service to the City’s residents of the city under an authorization a federal franchise that is unavailable to the Franchisee, the Franchisee shall have a right to request amendments to this Franchise Agreement that relieve the Franchisee of regulatory burdens that create a competitive disadvantage to the Franchisee. In requesting amendments, the Franchisee shall file a petition seeking to amend the Franchise Agreement. Such petition shall: (1) indicate the presence of a competitor that has an authorization that is unavailable to the franchiseea franchise; (2) identity identify the basis for Franchisee's ’s belief that certain provisions of the Franchise Agreement place Franchisee at a competitive disadvantage; and (3) identity identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. The City Council shall hold a public hearing to evaluate the petition and hear views of interested parties. The Franchising Authority shall not unreasonably withhold consent to the Franchisee's ’s petition. (D) If revised terms have not been agreed to within 120 days under Section 2.5(A) or if the petition is not granted under 2.5(C), Franchisee may elect to shorten the remaining term of this Franchise to not more than thirty six (36) months and shall be deemed to have timely invoked the formal renewal rights and procedures set forth in §626 of the Federal Cable Act, or may bring an action in federal or Virginia state court for a determination as to whether the regulatory burdens are substantially more favorable to the competitor.

Competitive Equity. The Grantee acknowledges and agrees that the Franchising Authority reserves the right to grant one or more additional franchises to provide Cable Service within the Franchise Area; provided the Franchising Authority agrees that it shall amend this Franchise to include any material terms or conditions that it makes available to the new entrant within ninety (A90) days of the Grantee’s request, so as to ensure that the regulatory and financial burdens on each entity are materially equivalent. “Material terms and conditions” include, but are not limited to: franchise fees; insurance; system build- out requirements; security instruments; Access Channel and support; free Cable Service connections to Franchising Authority facilities; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. If the City grants a any such additional or competitive franchise is granted by the Franchising Authority which, in the reasonable opinion of the FranchiseeGrantee, contains more favorable or less burdensome terms or conditions than this Franchise AgreementFranchise, the Franchisee may notify the City Franchising Authority agrees that it wishes to renegotiate certain specified provisions of the Franchise Agreement. Within 30 days after the Franchisee provides such notice, both parties must begin to negotiate in good faith, and either party to shall amend this Franchise Agreement may request changes to amend this Agreement so that neither the Franchisee's Franchise Agreement nor that of the competitor contains terms that are include any more favorable or less burdensome than terms or conditions in a manner mutually agreed upon by the other. For purposes of this section, the franchises must be viewed as a whole, not on a provision- by-provision basis, Franchising Authority and the franchises must be compared with due regard for the circumstances existing at the time each franchise was grantedGrantee. (B) 2.3.1 In the event an application for a new cable television franchise is filed with the Franchising Authority proposing to serve the Franchising Franchise Area, in whole or in part, the Franchising Authority shall serve or require to be served a copy of such application upon the Franchisee Grantee by registered or certified mail or via nationally recognized overnight courier service within ten (10) days of receipt by the Franchising Authorityservice. (C) 2.3.2 In the event that a wireline multichannel video programming distributor provides cable provider provides Cable Service service to the City’s residents of the Franchising Authority under an authorization that is unavailable to the Franchiseeauthority granted by federal or State legislation or other regulatory entity (but without a Franchising Authority franchise), the Franchisee Grantee shall have a right to request Franchise amendments to this Franchise Agreement that relieve the Franchisee Grantee of regulatory burdens that create a competitive disadvantage to the FranchiseeGrantee. In requesting amendments, the Franchisee Grantee shall file a petition seeking to amend the Franchise AgreementFranchise. Such petition shall: (1) indicate the presence of a competitor that has an authorization that is unavailable to the franchiseesuch wireline competitor; (2) identity identify the basis for Franchisee's Grantee’s belief that certain provisions of the Franchise Agreement place Franchisee Grantee at a competitive disadvantage; and (3) identity identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. The City Council shall hold a public hearing to evaluate the petition and hear views of interested parties. The Franchising Authority shall not unreasonably withhold consent to the Franchisee's Grantee’s petition. (D) If revised terms have not been agreed to within 120 days under Section 2.5(A) or if the petition is not granted under 2.5(C), Franchisee may elect to shorten the remaining term of this Franchise to not more than thirty six (36) months and shall be deemed to have timely invoked the formal renewal rights and procedures set forth in §626 of the Federal Cable Act, or may bring an action in federal or Virginia state court for a determination as to whether the regulatory burdens are substantially more favorable to the competitor.

Competitive Equity. (A) 2.5.1 If the City Town grants a competitive franchise which, in the reasonable opinion of the Franchisee, contains more favorable or less burdensome terms or conditions than this Franchise Agreement, the Franchisee may notify the City Town that it wishes to renegotiate certain specified provisions of the Franchise Agreement. Within 30 days after the Franchisee provides such notice, both parties must begin to negotiate in good faith, and either party to this Franchise Agreement may request changes to amend this Agreement so that neither the Franchisee's ’s Franchise Agreement nor that of the competitor contains terms that are more favorable or less burdensome than the other. For purposes of this section, the franchises must be viewed as a whole, not on a provision- byprovision-by- provision basis, and the franchises must be compared with due regard for the circumstances existing at the time each franchise was granted. (B) 2.5.2 In the event an application for a new cable television franchise is filed with the Franchising Authority proposing to serve the Franchising Area, in whole or in part, the Franchising Authority shall serve or require to be served a copy of such application upon the Franchisee by registered or certified mail or via nationally recognized overnight courier service within ten (10) days of receipt by the Franchising Authority. (C) 2.5.3 In the event that a cable provider provides Cable Service to the City’s residents of the Town under an authorization a federal franchise that is unavailable to the Franchisee, the Franchisee shall have a right to request amendments to this Franchise Agreement that relieve the Franchisee of regulatory burdens that create a competitive disadvantage to the Franchisee. In requesting amendments, the Franchisee shall file a petition seeking to amend the Franchise Agreement. Such petition shall: (1) indicate the presence of a competitor that has an authorization that is unavailable to the franchiseea federal franchise; (2) identity identify the basis for Franchisee's ’s belief that certain provisions of the Franchise Agreement place Franchisee at a competitive disadvantage; and (3) identity identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. The City Town Council shall hold a public hearing to evaluate the petition and hear views of interested parties. The Franchising Authority shall not unreasonably withhold consent to the Franchisee's ’s petition. (D) If revised terms have not been agreed to within 120 days under Section 2.5(A) or if the petition is not granted under 2.5(C), Franchisee may elect to shorten the remaining term of this Franchise to not more than thirty six (36) months and shall be deemed to have timely invoked the formal renewal rights and procedures set forth in §626 of the Federal Cable Act, or may bring an action in federal or Virginia state court for a determination as to whether the regulatory burdens are substantially more favorable to the competitor.

Competitive Equity. (A) 2.5.1 If the City grants a competitive franchise which, in the reasonable opinion of the Franchisee, contains more favorable or less burdensome terms or conditions than this Franchise Agreement, the Franchisee may notify the City that it wishes to renegotiate certain specified provisions of the Franchise Agreement. Within 30 days after the Franchisee provides such notice, both parties must begin to negotiate in good faith, and either party to this Franchise Agreement may request changes to amend this Agreement so that neither the Franchisee's ’s Franchise Agreement nor that of the competitor contains terms that are more favorable or less burdensome than the other. For purposes of this section, the franchises must be viewed as a whole, not on a provision- byprovision-by- provision basis, and the franchises must be compared with due regard for the circumstances existing at the time each franchise was granted. (B) 2.5.2 In the event an application for a new cable television franchise is filed with the Franchising Authority proposing to serve the Franchising Area, in whole or in part, the Franchising Authority shall serve or require to be served a copy of such application upon the Franchisee by registered or certified mail or via nationally recognized overnight courier service within ten (10) days of receipt by the Franchising Authorityservice. (C) 2.5.3 In the event that a cable provider provides Cable Service to the City’s residents of the city under an authorization a federal franchise that is unavailable to the Franchisee, the Franchisee shall have a right to request amendments to this Franchise Agreement that relieve the Franchisee of regulatory burdens that create a competitive disadvantage to the Franchisee. In requesting amendments, the Franchisee shall file a petition seeking to amend the Franchise Agreement. Such petition shall: (1) indicate the presence of a competitor that has an authorization that is unavailable to the franchiseea federal franchise; (2) identity identify the basis for Franchisee's ’s belief that certain provisions of the Franchise Agreement place Franchisee at a competitive disadvantage; and (3) identity identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. The City Council shall hold a public hearing to evaluate the petition and hear views of interested parties. The Franchising Authority shall not unreasonably withhold consent to the Franchisee's ’s petition. (D) If revised terms have not been agreed to within 120 days under Section 2.5(A) or if the petition is not granted under 2.5(C), Franchisee may elect to shorten the remaining term of this Franchise to not more than thirty six (36) months and shall be deemed to have timely invoked the formal renewal rights and procedures set forth in §626 of the Federal Cable Act, or may bring an action in federal or Virginia state court for a determination as to whether the regulatory burdens are substantially more favorable to the competitor.

Competitive Equity. (A) If Grantee acknowledges and agrees that the City grants a reserves the right to grant one or more additional franchises to provide Cable Service within the Franchise Area; provided, the City agrees that it shall amend this Franchise to include any material more favorable terms or conditions that it makes available to the new entrant within ninety (90) days of Xxxxxxx's request, so as to ensure that the regulatory and financial burdens on each entity are materially equivalent. "Material terms and conditions" include, but are not limited to: franchise fees; insurance; system build-out requirements; security instruments; PEG access and support; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. If any such additional or competitive franchise is granted by the City which, in the reasonable opinion of the FranchiseeGrantee, contains more favorable or less burdensome terms or conditions than this Franchise AgreementFranchise, the Franchisee may notify the City agrees that it wishes to renegotiate certain specified provisions of the Franchise Agreement. Within 30 days after the Franchisee provides such notice, both parties must begin to negotiate in good faith, and either party to shall amend this Franchise Agreement may request changes to amend this Agreement so that neither the Franchisee's Franchise Agreement nor that of the competitor contains terms that are include any more favorable or less burdensome than the other. For purposes of this section, the franchises must be viewed as terms or conditions in a whole, not on a provision- by-provision basis, manner mutually agreed upon by City and the franchises must be compared with due regard for the circumstances existing at the time each franchise was grantedGrantee. (B) In the event an application for a new cable television franchise is filed with the Franchising Authority City proposing to serve the Franchising Franchise Area, in whole or in part, the Franchising Authority City shall serve or require to be served a copy of such application upon the Franchisee Grantee by registered or certified mail or via nationally recognized overnight courier service within ten (10) days of receipt by the Franchising Authorityservice. (C) In the event that a cable provider multichannel video programming distributor provides Cable Service video service to the City’s residents of the City under an authorization that is unavailable to the Franchiseeauthority granted by federal or State legislation or other regulatory entity, the Franchisee Grantee shall have a right to request Franchise amendments to this Franchise Agreement that relieve the Franchisee Grantee of regulatory burdens that create a competitive disadvantage to the FranchiseeGrantee. In requesting amendments, the Franchisee Grantee shall file a petition seeking to amend the Franchise AgreementFranchise. Such petition shall: (1) indicate the presence of a competitor that has an authorization that is unavailable to the franchiseesuch competitor; (2) identity identify the basis for FranchiseeXxxxxxx's belief that certain provisions of the this Franchise Agreement place Franchisee Grantee at a competitive disadvantage; and (3) identity identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. The City Council shall hold a public hearing to evaluate the petition and hear views of interested parties. The Franchising Authority shall not unreasonably withhold consent to the FranchiseeXxxxxxx's petition. (D) If revised terms have not been agreed to within 120 days under Section 2.5(A) or if the petition is not granted under 2.5(C), Franchisee may elect to shorten the remaining term of this Franchise to not more than thirty six (36) months and shall be deemed to have timely invoked the formal renewal rights and procedures set forth in §626 of the Federal Cable Act, or may bring an action in federal or Virginia state court for a determination as to whether the regulatory burdens are substantially more favorable to the competitor.

Competitive Equity. (A) The Grantee acknowledges and agrees that the City reserves the right to grant one (1) or more additional franchises or other similar lawful authorization to provide Cable Services within the City. If the City grants a competitive such an additional franchise whichor other similar lawful authorization (including, without limitation, an amendment to any current franchise or lawful authorization) containing material terms and conditions that differ from Grantee’s material obligations under this Franchise, then the City agrees that the obligations in this Franchise will, pursuant to the reasonable opinion of the Franchiseeprocess set forth in this Section, contains more favorable or less burdensome be amended to include any material terms or conditions than this Franchise Agreement, the Franchisee may notify the City that it wishes imposes upon the new entrant, or provide relief from existing material terms or conditions, so as to renegotiate certain specified provisions of insure that the regulatory and financial burdens on each entity are materially equivalent. “Material terms and conditions” include but are not limited to: Franchise AgreementFees and Gross Revenues; insurance; System build-out requirements; security instruments; Public, Education and Government Access Channels and support; customer service standards; required reports and related record keeping; competitive equity (or its equivalent); audits; dispute resolution; remedies; and notice and opportunity to cure breaches. Within 30 days after The parties agree that this provision shall not require a word for word identical franchise or authorization for a competitive entity so long as the Franchisee provides such notice, both parties must begin to negotiate regulatory and financial burdens on each entity are materially equivalent. Video programming services (as defined in good faith, and either party to this Franchise Agreement may request changes to amend this Agreement so that neither the Franchisee's Franchise Agreement nor that of Cable Act) delivered over wireless broadband networks are specifically exempted from the competitor contains terms that are more favorable or less burdensome than the other. For purposes requirements of this section, the franchises must be viewed as a whole, not on a provision- by-provision basis, and the franchises must be compared with due regard for the circumstances existing at the time each franchise was grantedSection. (B) In the event an application The modification process of this Franchise as provided for a new cable television franchise is filed with the Franchising Authority proposing to serve the Franchising Area, in whole or in part, the Franchising Authority Section 2.6 (A) shall serve or require to only be served a copy of such application upon the Franchisee initiated by registered or certified mail or via nationally recognized overnight courier service within ten (10) days of receipt written notice by the Franchising AuthorityGrantee to the City regarding specified franchise obligations. Grantee’s notice shall address the following: (1) identifying the specific terms or conditions in the competitive cable services franchise which are materially different from Grantee’s obligations under this Franchise; (2) identifying the Franchise terms and conditions for which Grantee is seeking amendments; (3) providing text for any proposed Franchise amendments to the City, with a written explanation of why the proposed amendments are required under the terms of this Section 2.6. (C) In the event that a cable provider provides Cable Service to the CityUpon receipt of Grantee’s residents under an authorization that is unavailable to the Franchiseewritten notice as provided in Section 2.6 (B), the Franchisee City and Grantee agree that they will use best efforts in good faith to negotiate Grantee’s proposed Franchise modifications, and that such negotiation will proceed and conclude within a ninety (90) day time period, unless that time period is reduced or extended by mutual agreement of the parties. If the City and Grantee reach agreement on the Franchise modifications pursuant to such negotiations, then the City shall have a right to request amendments to amend this Franchise Agreement that relieve to include the Franchisee of regulatory burdens that create a competitive disadvantage to the Franchisee. In requesting amendments, the Franchisee shall file a petition seeking to amend the Franchise Agreement. Such petition shall: (1) indicate the presence of a competitor that has an authorization that is unavailable to the franchisee; (2) identity the basis for Franchisee's belief that certain provisions of the Franchise Agreement place Franchisee at a competitive disadvantage; and (3) identity the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. The City Council shall hold a public hearing to evaluate the petition and hear views of interested parties. The Franchising Authority shall not unreasonably withhold consent to the Franchisee's petitionmodifications. (D) If revised terms have not been agreed In the alternative to within 120 days under Franchise modification negotiations as provided for in Section 2.5(A) 2.6 (C), or if the petition is not granted under 2.5(C)City and Grantee fail to reach agreement in such negotiations, Franchisee may Grantee may, at its option, elect to shorten replace this Franchise by opting into the remaining franchise or other similar lawful authorization that the City grants to another provider of Cable Services, so as to ensure that the regulatory and financial burdens on each entity are equivalent. If Grantee so elects, the City shall immediately commence proceedings to replace this Franchise with the franchise issued to the other Cable Services provider. (E) Notwithstanding anything contained in this Section 2.6(A) through (D) to the contrary, the City shall not be obligated to amend or replace this Franchise unless (i) the new entrant makes Cable Services available for purchase by Subscribers or customers under its franchise agreement with the City; or (ii) the requirements of this Section relate to an amendment to any current cable franchise or lawful authorization to provide multi-channel video services by a wireline based provider. (F) Notwithstanding any provision to the contrary, at any time that non-wireless facilities based entity, legally authorized by state or federal law, makes available for purchase by Subscribers or customers, Cable Services or multiple Channels of video programming within the Franchise Area without a franchise or other similar lawful authorization granted by the City, then: (1) Grantee may negotiate with the City to seek Franchise modifications as per Section 2.6(C) above; or (a) the term of this Grantee’s Franchise to not more than thirty six shall, upon ninety (3690) months and days written notice from Grantee, be shortened so that the Franchise shall be deemed to have timely invoked expire on a date eighteen (18) months from the formal renewal rights first day of the month following the date of Grantee’s notice; or, (b) Grantee may assert, at Grantee’s option, that this Franchise is rendered “commercially impracticable,” and invoke the modification procedures set forth in §626 Section 625 of the Federal Cable Act, or may bring an action in federal or Virginia state court for a determination as to whether the regulatory burdens are substantially more favorable to the competitor.