Competitor Not Subject to Regulation by Grantor Sample Clauses

Competitor Not Subject to Regulation by Grantor. Potential competitors of the Grantee, including but not limited to wireless broadcasters, virtual multichannel video distributors, video dial tone providers, and direct broadcast satellite services, may not be franchised, or subject to regulation by the Grantor. If, at any time during the existence of this Franchise, Grantor issues or grants a cable franchise or other authorization to use the Streets for the construction, installation, and operation of a facilities based multichannel video programming distributor (MVPD) system to provide MVPD services to subscribers in the Franchise Area, under terms more favorable than those established for the Grantee under this Franchise (including but not limited to lesser channel capacity, lesser requirements to provide Public, Educational, or Government access, less onerous reporting requirements, less onerous customer notification requirements, less restrictive billing practices, less onerous customer service requirements, or less responsibility to pay a fee reasonably comparable to a franchise fee), then the Grantee shall be permitted to petition the Grantor, or its designated agent, for relief from such term(s), so that no provider of MVPD service shall receive an unfair competitive advantage. The Grantor, or its designated agent, shall not unreasonably refuse to grant the relief requested by the Grantee; provided, however, in considering such request of Grantee, the Grantor or its designated agent shall take into consideration all of the circumstances in existence at the time, including, but not limited to, the proportional relationship of the operations in the Franchise Area (such as size, subscriber base, and revenue), and Applicable Law that might stipulate different levels of requirements applicable to different multi-channel service providers. Additionally, with reference to the conditional relief set forth above in this Section 23.C (Competitor Not Subject to Regulation by Grantor), it is specifically understood and agreed by the Parties that Grantor shall not be‌ required to grant such relief to Grantee with respect to video services which Grantor is not authorized to regulate, or service providers from which Grantor is not authorized to require a franchise or other authorization for the provision of such video services, including but not limited to: (1) Over The Top (XXX) and other streaming video programming services offered to customers over the internet, or (2) video programming services offered primar...
Sample 1
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Competitor Not Subject to Regulation by Grantor. The Grantor recognizes that potential competitors of the Grantee, including but not limited to wireless broadcasters, virtual multichannel video distributors, video dial tone providers, and direct broadcast satellite services, may not be franchised, or subject to regulation by the Grantor. If, at any time during the existence of this Franchise, a competing multi-channel service, franchised as provided in the Cable Act, operates within the Franchise Area of the Grantor, under terms more favorable than those established for the Grantee under this Franchise (including but not limited to lesser channel capacity, lesser requirements to provide Public, Educational, or Government access, less onerous reporting requirements, less onerous customer notification requirements, less restrictive billing practices, less onerous customer service requirements, or less responsibility to pay a fee reasonably comparable to a franchise fee), then the Grantee shall be permitted to petition the Grantor, or its designated agent, for relief from such term(s), so that no provider of multi-channel service shall receive an unfair competitive advantage. The Grantor, or its designated agent, shall not unreasonably refuse to grant the relief requested by the Grantee; provided, however, in considering such request of Grantee, the Grantor, its designated agent, shall take into consideration all of the circumstances in existence at the time, including, but not limited to, Applicable Law that might stipulate different levels of requirements applicable to different multi- channel service providers.
Sample 1

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