Equal Protection. If any other provider of cable services or video services (without regard to the technology used to deliver such services) is lawfully authorized by the Grantor or by any other State or federal governmental entity to provide such services using facilities located wholly or partly in the public rights-of-way of the Grantor, the Grantor shall ensure that the terms applicable to such other provider are no more favorable or less burdensome than those applicable to Grantee. If the authorization applicable to such other provider contains franchise fee, PEG, free service, right-of-way, or other terms imposing monetary or regulatory burdens that are less costly or less burdensome than the corresponding obligations imposed upon Grantee, Grantor shall, within thirty (30) days of a written request from Grantee, modify this Franchise to ensure that the corresponding obligations applicable to Grantee are no more costly or burdensome than those imposed on the new competing provider. If the Grantor fails to make modifications consistent with this requirement, Xxxxxxx agrees not to enforce such corresponding obligations in this Franchise beyond the requirements imposed by the less costly or less burdensome obligations in such competing provider’s authorization. As an alternative to the equal protection procedures set forth herein, the Grantee shall have the right and may choose to have this Franchise with the Grantor be deemed expired thirty (30) days after written notice to the Grantor. Nothing in this Franchise shall impair the right of the Grantee to terminate this Franchise and, at Xxxxxxx’s option, negotiate a renewal or replacement franchise, license, consent, certificate or other authorization with any appropriate government entity. Nothing in this Section 15.5 shall be deemed a waiver of any remedies available to Grantee under federal, state or municipal law, including but not limited to Section 625 of the Cable Act, 47 U.S.C. § 545.
Equal Protection. If any other provider of cable services or video services (without regard to the technology used to deliver such services) is lawfully authorized by the Grantor or by any other State or federal governmental entity to provide such services using facilities located wholly or partly in the public rights-of-way of the Grantor, the Grantor shall within thirty (30) days of a written request from Grantee, modify this Franchise to ensure that the obligations applicable to Grantee are no more burdensome than those imposed on the new competing provider. If the Grantor fails to make modifications consistent with this requirement, Xxxxxxx’s Franchise shall be deemed so modified thirty (30) days after the Grantee’s initial written notice. As an alternative to the Franchise modification request, the Grantee shall have the right and may choose to have this Franchise with the Grantor be deemed expired thirty (30) days after written notice to the Grantor. Nothing in this Franchise shall impair the right of the Grantee to terminate this Franchise and, at Xxxxxxx’s option, negotiate a renewal or replacement franchise, license, consent, certificate or other authorization with any appropriate government entity. Nothing in this Section 14.5 shall be deemed a waiver of any remedies available to Grantee under federal, state or municipal law, including but not limited to Section 625 of the Cable Act, 47 U.S.C. § 545.
Equal Protection. If any other provider of cable services or video services (without regard to the technology used to deliver such services) is lawfully authorized by the Grantor or by any other State or federal governmental entity to provide such services using facilities located wholly or partly in the public rights-of-way of the Grantor, the Grantor shall within thirty (30) days of a written request from Grantee, modify this Franchise to insure that the obligations applicable to Grantee are no more burdensome than those imposed on the new competing provider. If the Grantor fails to make modifications consistent with this requirement, Xxxxxxx’s Franchise shall be deemed so modified thirty (30) days after the Grantee’s initial written notice. As an alternative to the Franchise modification request, the Grantee shall have the right and may choose to have this Franchise with the Grantor be deemed expired thirty (30) days after written notice to the Grantor. Nothing in this Franchise shall impair the right of the Grantee to terminate this Franchise and, at Xxxxxxx’s option, negotiate a renewal or replacement franchise, license, consent, certificate or other authorization with any appropriate government entity.
Equal Protection. (a) The Issuing Authority agrees that, in the event that another Multichannel Programming Distributor offers multiple channels of video programming in such a way as to become a Competing Distributor with the Licensee, regardless of whether such Competing Distributor is licensed or not, the following procedure shall apply:
(i) Upon written request of the Licensee, the Issuing Authority shall hold one (1) or more public hearings as may be deemed necessary. At such hearing(s), the Licensee shall have the burden of demonstrating to the satisfaction of the Issuing Authority all of the following:
(A) That there exist disparate burdens and inequities between the obligations imposed upon the Licensee by the terms of this Renewal License and the terms and conditions under which the Competing Distributor is licensed or permitted to offer multiple channels of video programming;
(B) That those disparate burdens and inequities are the sole and proximate result of conditions imposed upon the Licensee by this Renewal License, and are not, either in whole or in part, the result of reasonably remediable internal policies, decisions or economies of the Licensee which render the Licensee less than competitive with the Competing Distributor;
(C) That the Licensee demonstrate at such hearing that its services, or some aspect of its services as required either by law or by this Renewal License, are not or will not be provided by the Competing Distributor; and
(D) That as a direct and proximate result of the entry of the Competing Distributor into the market area granted to the Licensee by this Renewal License, the Licensee has sustained six and one half percent (6.5%) decline in its subscription base, or greater, over a six (6) month period, or less. Subscriber base fluctuation due to "churning" or other artificial manipulation of the subscriber base count shall not be include in the six and one half percent (6.5%) calculation.
(ii) If, after the conclusion of the hearing or hearings provided for in subsection (i) above, the Issuing Authority is satisfied that the Licensee has met its burden on all required elements of (i)(A) through (D), inclusive, then the Issuing Authority shall:
(A) Make written findings that the Licensee has been placed at a competitive disadvantage as a sole and proximate result of conditions imposed upon the Licensee by this Renewal License, and the reasons therefor; and
(B) After a further timely hearing, take such steps as it deems necessary to relieve...
Equal Protection. The City and Local 521 agree that the provisions of this Agreement shall be applied equally to employees covered herein without favor, discrimination, or harassment because of race, color, ancestry, national origin, religious creed, sex, age, physical or mental disability, marital status, sexual preference, medical condition, familial status, sexual orientation, or political opinion or affiliation, unless such factor shall be a bona fide occupational qualification for a position, or such action is required to comply with Federal or State law.
Equal Protection. The District and the Association agree that they will not discriminate against any employee by reason of race, color, age, sex, sexual orientation, genetics, marital status, national origin, or the presence of any sensory, mental or physical handicap, unless based on a bona fide occupational qualification reasonably necessary to the normal operation of the District or the Association.
Equal Protection. All benefits, rights, and responsibilities provided by this Agreement shall apply equally to all employees covered by the Agreement. The parties recognize the distinction between full and part- time employment and the benefits attached to each.
Equal Protection. If any other provider of cable services or video services (without regard to the technology used to deliver such services) is lawfully authorized by the Grantor or by any other Commonwealth or federal governmental entity to provide such services using facilities located wholly or partly in the public rights-of-way of the Grantor, the Grantor shall within thirty
Equal Protection. In the event the Franchising Authority enters into a Franchise, permit, license, authorization, or other agreement of any kind with any other Person or entity other than the Grantee to enter into the Franchising Authority's Public Ways for the purpose of constructing or operating a Cable System or providing Cable Service to any part of the Service Area, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law.
Equal Protection. 14.2.1 In the event the City enters into, or has entered into, a franchise, permit, license, authorization, or other agreement of any kind with any Person other than Franchisee to enter into the City's streets and public ways for the purpose of constructing or operating a cable system or providing Cable Service or video service to any part of the Franchise Area, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law. For the avoidance of doubt, the Franchisee acknowledges that the City’s Franchise Agreement with Cebridge Acquisition, LLC that is currently in effect and up for renewal on or around the same date as the effective date of this Agreement is reasonably comparable to this Agreement.
14.2.2 If another provider of Cable Services, video services or other television services utilizing any system or technology requiring use of the Rights of Way in the Franchise Area, is lawfully authorized by any governmental entity or otherwise exempt from obtaining a franchise to provide such services Franchising Authority hereby agrees that it will notify Franchisee prior to the effective date of the existence of such exemption or authorization, and, upon a request from Franchisee, as a matter of law, Franchisee’s Franchise will be modified within thirty (30) days of the granting of such authorization or exemption for the purpose of establishing the same terms and conditions as such person(s) on a competitively neutral basis.
14.2.3 If, after the effective date of this Franchise, an entity constructs facilities in the rights of way in the City that it uses to deliver multi-channel video programming equivalent to cable service directly to subscribers, and such entity is not subject to requirements under Applicable Law or an authorization issued by the City, Franchisee shall be relieved of its build out obligations under Section 6 of this Agreement. This section may not be read to apply where the service is provided via an open video system or by a system that offers video carriage on a common carrier basis.
14.2.4 This section does not permit Franchisee to recover any money, facilities or equipment from the City, or permit Franchisee to refuse to provide facilities or equipment for which the City pay in whole or in part under this agreement.
14.2.5 If federal or state law permits an exist...
