Common use of Competitive Equity Clause in Contracts

Competitive Equity. 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 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. 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. 2.5.3 In the event that a cable provider provides Cable Service to the residents of the city under 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 a federal franchise; (2) identify the basis for Franchisee’s belief that certain provisions of the Franchise Agreement place Franchisee at a competitive disadvantage; and (3) identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. 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.

Competitive Equity. 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 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. 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 serviceservice within ten (10) days of receipt by the Franchising Authority. 2.5.3 In the event that a cable provider provides Cable Service to the residents of the city Town under 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 a federal franchise; (2) identify the basis for Franchisee’s belief that certain provisions of the Franchise Agreement place Franchisee at a competitive disadvantage; and (3) identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. 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 petition.

Competitive Equity. 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 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- by-provision basis, and the franchises must be compared with due regard for the circumstances existing at the time each franchise was granted. 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. 2.5.3 In the event that a cable provider provides Cable Service to the residents of the city under 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 a federal franchise; (2) identify the basis for Franchisee’s belief that certain provisions of the Franchise Agreement place Franchisee at a competitive disadvantage; and (3) identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. 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.

Competitive Equity. 2.5.1 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 (90) 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. 2.5.2 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. 2.5.3 2.3.2 In the event that a wireline multichannel video programming distributor provides cable provider provides Cable Service service to the residents of the city Franchising Authority under the authority granted by federal or State legislation or other regulatory entity (but without a federal franchise that is unavailable to the FranchiseeFranchising 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 a federal franchisesuch wireline competitor; (2) identify the basis for FranchiseeGrantee’s belief that certain provisions of the Franchise Agreement place Franchisee Grantee at a competitive disadvantage; and (3) identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. 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 FranchiseeGrantee’s petition.