Competitor Subject to Regulation by the Grantor. If at any time during the existence of this Franchise, a competing multi-channel video programming distributor, which operates a Cable System in the Streets and which has been provided a franchise or other type of authorization pursuant to the Cable Act by Grantor, to operate such Cable System in the Streets subject to the Cable Act, is granted more favorable term(s) under such franchise or other type of authorization 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 Franchise Fee), then such term(s) shall also be simultaneously extended to the Grantee, upon the written request of the Grantee, so that no provider of multi-channel service shall receive an unfair competitive advantage; provided, however, in considering such request of Grantee, the Authority or its designated agent, shall take into consideration the Cable Act and Applicable Law, as well as the proportional relationship of the operations (such as size, subscriber base, and revenue).
Competitor Subject to Regulation by the Grantor. If at any time during the existence of this Franchise, a competing franchised multi-channel video programming distributor, which operates a Cable System in the Streets of the Grantor, is granted more favorable term(s) 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 Franchise Fee), then such term(s) shall also be simultaneously extended to the Grantee, upon the written request of the Grantee, so that no provider of multi- channel service shall receive an unfair competitive advantage; provided, however, in considering such request of Grantee, the Authority or their designated agent, shall take into consideration all of the circumstances relevant as to each particular term as such circumstances exist at the time and can be reasonably anticipated to exist in the future, including, but not limited to, any federal, State or local regulation (including the FCC Report and Order) that might stipulate different cable television requirements applicable to cable television entrants, as delineated in the FCC Report and Order, as well as the proportional relationship of the operations (such as size Subscriber base or amount of revenues) at the time and as can be reasonably anticipated in the future. For purposes of this Section 23(B), the term “FCC Report and Order” shall mean the Federal Communications Commission’s Report and Order, FCC 06-180, adopted on December 20, 2006, and released on March 5, 2007 respecting the “Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992”.
