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 the Licensee of the burdens which are not imposed upon the Competing Distributor, or by imposing similar requirements on the Competing Distributor. (b) If, upon the request of any Competing Distributor, the Issuing Authority conducts a public hearing or hearings for purposes of licensing such Competing Distributor, at the Issuing Authority’s request, or on its own initiative the Licensee shall provide for such hearing or hearings evidence of disparate burdens and inequities which would exist between the Licensee’s Renewal License and the license terms proposed for or by the Competing Distributor. (c) The provisions of subsection (a) above shall not apply if, at the time that a license for any Competing Distributor is proposed, such distributor is or will provide cable service in only those areas of the Town where the Licensee has not provided such service [or, in the event of a new residential subdivision(s) of land, will not have provided service within one hundred twenty (120) calendar days, subject to timely "make ready" by the utilities, of the issuance of the first occupancy permit for an occupied structure within such subdivision(s)]. (d) If the Licensee requests a hearing or hearings under paragraph (a) above, the Licensee agrees to pay to the Town Five Thousand Dollars ($5,000) to be used by the Town to secure financial and/or engineering expertise to assist the Issuing Authority at the hearing or hearings requested.
Appears in 2 contracts
Equal Protection. (a) The Issuing Authority agrees thatthat it shall not permit another licensee to utilize the public rights-of-way on terms and conditions which are more favorable or less burdensome than those applied to the Licensee. In applying this provision, the Issuing Authority shall consider the following: 1) the fees assessed on any other licensee shall be no more or less than the fees for this License; 2) the channels and support for local programming and access channels shall be no less than the channels and support provided by the Licensee; and 3) other requirements imposed on any other licensee for the benefit of the Town shall have a net present value at the time of licensing equal to the net present value of the support provided by Licensee under this License. To the extent such licensee is not subject to such requirements, Licensee’s corresponding obligations shall be reduced to reflect terms and conditions which are no more burdensome and no less favorable than those applied to any other licensee.
(b) In the event another provider(s) of multichannel programming serves Subscribers in the event that another Multichannel Programming Distributor offers multiple channels Town, but is not required to be licensed by the Town, and to the extent such multichannel programming competitor(s) is not required to: 1) pay any franchise fee, 2) pay for support of video programming in such public, educational or government access programming, 3) make a way as capital grant for public, educational or government access equipment/facilities, 4) provide drops and service to become a Competing Distributor public buildings, and/or 5) comply with the Licensee, regardless of whether such Competing Distributor is licensed or notcustomer service standards, the following procedure shall apply:
(i) Upon written Town, upon request of the Licensee, the Issuing Authority shall hold one (1) or more a public hearings as may be deemed necessary. At such hearing(s), hearing and afford the Licensee shall have the burden of demonstrating opportunity to demonstrate the satisfaction of the Issuing Authority all of the following:
(A) That there exist disparate burdens and inequities between the obligations imposed upon the on Licensee by the terms of this Renewal License having to comply with said requirements and the terms and conditions under economic injury which the Competing Distributor has occurred or is licensed or permitted likely 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%) calculationoccur therefrom.
(iic) If, after Should the conclusion of conditions which Licensee demonstrates in the aforementioned 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 give rise to a competitive disadvantage for the Licensee, the Town shall rectify said differences by modifying the License in such a manner 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 the Licensee of the burdens which are not imposed upon on the Competing Distributor, Licensee’s competitor(s) or by imposing similar requirements on the Competing Distributorcompeting multichannel programming provider.
(b) If, upon the request of any Competing Distributor, the Issuing Authority conducts a public hearing or hearings for purposes of licensing such Competing Distributor, at the Issuing Authority’s request, or on its own initiative the Licensee shall provide for such hearing or hearings evidence of disparate burdens and inequities which would exist between the Licensee’s Renewal License and the license terms proposed for or by the Competing Distributor.
(c) The provisions of subsection (a) above shall not apply if, at the time that a license for any Competing Distributor is proposed, such distributor is or will provide cable service in only those areas of the Town where the Licensee has not provided such service [or, in the event of a new residential subdivision(s) of land, will not have provided service within one hundred twenty (120) calendar days, subject to timely "make ready" by the utilities, of the issuance of the first occupancy permit for an occupied structure within such subdivision(s)].
(d) If the Licensee requests a hearing or hearings under paragraph (a) above, the Licensee agrees to pay to the Town Five Thousand Dollars ($5,000) to be used by the Town to secure financial and/or engineering expertise to assist the Issuing Authority at the hearing or hearings requested.
Appears in 1 contract
Samples: Cable Television License
Equal Protection. (a) The Issuing Authority agrees thatthat it shall not permit another licensee to utilize the public rights-of-way on terms and conditions which are more favorable or less burdensome than those applied to the Licensee. In applying this provision, the Issuing Authority shall consider the following: 1) the fees assessed on any other licensee shall be no more or less than the fees for this License; 2) the channels and support for local programming and access channels shall be no less than the channels and support provided by the Licensee; 3) the area served 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 Town by the Licensee; and 4) other requirements imposed on any other licensee for the benefit of the Town shall have a net present value at the time of licensing equal to the net present value of the support provided by Licensee under this License. To the extent such licensee is not subject to such requirements, regardless Licensee’s corresponding obligations shall be reduced to reflect terms and conditions which are no more burdensome and no less favorable than those applied to any other licensee.
(b) In the event another provider(s) of whether multichannel programming serves Subscribers in the Town, but is not required to be licensed by the Town, and to the extent such Competing Distributor multichannel programming competitor(s) is licensed not required to: 1) pay any franchise fee, 2) pay for support of public, educational or notgovernment access programming, 3) make a capital grant for public, educational or government access equipment/facilities, 4) provide drops and service to public buildings, and/or 5) comply with customer service standards, the following procedure shall apply:
(i) Upon written Town, upon request of the Licensee, the Issuing Authority shall hold one (1) or more a public hearings as may be deemed necessary. At such hearing(s), hearing and afford the Licensee shall have the burden of demonstrating opportunity to demonstrate the satisfaction of the Issuing Authority all of the following:
(A) That there exist disparate burdens and inequities between the obligations imposed upon the on Licensee by the terms of this Renewal License having to comply with said requirements and the terms and conditions under economic injury which the Competing Distributor has occurred or is licensed or permitted likely 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%) calculationoccur therefrom.
(iic) If, after Should the conclusion of conditions which Licensee demonstrates in the aforementioned 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 give rise to a competitive disadvantage for the Licensee, the Town shall rectify said differences by modifying the License in such a manner 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 the Licensee of the burdens which are not imposed upon on the Competing Distributor, Licensee’s competitor(s) or by imposing similar requirements on the Competing Distributorcompeting multichannel programming provider.
(b) If, upon the request of any Competing Distributor, the Issuing Authority conducts a public hearing or hearings for purposes of licensing such Competing Distributor, at the Issuing Authority’s request, or on its own initiative the Licensee shall provide for such hearing or hearings evidence of disparate burdens and inequities which would exist between the Licensee’s Renewal License and the license terms proposed for or by the Competing Distributor.
(c) The provisions of subsection (a) above shall not apply if, at the time that a license for any Competing Distributor is proposed, such distributor is or will provide cable service in only those areas of the Town where the Licensee has not provided such service [or, in the event of a new residential subdivision(s) of land, will not have provided service within one hundred twenty (120) calendar days, subject to timely "make ready" by the utilities, of the issuance of the first occupancy permit for an occupied structure within such subdivision(s)].
(d) If the Licensee requests a hearing or hearings under paragraph (a) above, the Licensee agrees to pay to the Town Five Thousand Dollars ($5,000) to be used by the Town to secure financial and/or engineering expertise to assist the Issuing Authority at the hearing or hearings requested.
Appears in 1 contract
Samples: Cable Television License
Equal Protection. (a) The Issuing Authority agrees thatthat it shall not permit another licensee to utilize the public rights-of-way on terms and conditions which are more favorable or less burdensome than those applied to the Licensee. In applying this provision, the Issuing Authority shall consider the following: 1) the fees assessed on any other licensee shall be no more or less than the fees for this License; 2) the channels and support for local programming and access channels shall be no less than the channels and support provided by the Licensee; and 3) other requirements imposed on any other licensee for the benefit of the Town shall have a net present value at the time of licensing equal to the net present of the support provided by Licensee under this License. To the extent such licensee is not subject to such requirements, Licensee’s corresponding obligations shall be reduced to reflect terms and conditions which are no more burdensome and no less favorable than those applied to any other licensee.
(b) In the event another provider(s) of multichannel programming, including video dialtone, serves Subscribers in the event that another Multichannel Programming Distributor offers multiple channels Town, but not required to be licensed by the Town, and to the extent such multichannel programming competitor(s) is not required to: 1) pay any franchise fee, 2) pay for support of video programming in such public, educational or government access programming, 3) make a way as capital grant for public, educational or government access equipment/facilities, 4) provide drops and service to become a Competing Distributor public buildings, and/or 5) comply with the Licensee, regardless of whether such Competing Distributor is licensed or notcustomer service standards, the following procedure shall apply:
(i) Upon written Town, upon request of the Licensee, the Issuing Authority shall hold one (1) or more a public hearings as may be deemed necessary. At such hearing(s), hearing and afford the Licensee shall have the burden of demonstrating opportunity to demonstrate the satisfaction of the Issuing Authority all of the following:
(A) That there exist disparate burdens and inequities between the obligations imposed upon the on Licensee by the terms of this Renewal License having to comply with said requirements and the terms and conditions under economic injury which the Competing Distributor has occurred or is licensed or permitted likely 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%) calculationoccur therefrom.
(iic) If, after Should the conclusion of conditions which Licensee demonstrates in the aforementioned 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 give rise to a competitive disadvantage for the Licensee, the Town shall rectify said differences by modifying the License in such a manner 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 the Licensee of the burdens which are not imposed upon on the Competing Distributor, Licensee’s competitor(s) or by imposing similar requirements on the Competing Distributorcompeting multichannel programming provider.
(b) If, upon the request of any Competing Distributor, the Issuing Authority conducts a public hearing or hearings for purposes of licensing such Competing Distributor, at the Issuing Authority’s request, or on its own initiative the Licensee shall provide for such hearing or hearings evidence of disparate burdens and inequities which would exist between the Licensee’s Renewal License and the license terms proposed for or by the Competing Distributor.
(c) The provisions of subsection (a) above shall not apply if, at the time that a license for any Competing Distributor is proposed, such distributor is or will provide cable service in only those areas of the Town where the Licensee has not provided such service [or, in the event of a new residential subdivision(s) of land, will not have provided service within one hundred twenty (120) calendar days, subject to timely "make ready" by the utilities, of the issuance of the first occupancy permit for an occupied structure within such subdivision(s)].
(d) If the Licensee requests a hearing or hearings under paragraph (a) above, the Licensee agrees to pay to the Town Five Thousand Dollars ($5,000) to be used by the Town to secure financial and/or engineering expertise to assist the Issuing Authority at the hearing or hearings requested.
Appears in 1 contract
Samples: Cable Television License
Equal Protection. (a) The Issuing Authority agrees thatthat it shall not permit another licensee to utilize the public rights-of-way on terms and conditions which are more favorable or less burdensome than those applied to the Licensee. In applying this provision, the Issuing Authority shall consider the following: 1) the fees assessed on any other licensee shall be no more or less than the fee for this License; 2) the channels and support for local programming and access channels shall be no less than the channels and support provided by the Licensee; and 3) other requirements imposed on any other licensee for the benefit of the Town shall have a net present value at the time of licensing equal to the net present of the support provided by Licensee under this License. To the extent such licensee is not subject to such requirements, Licensee’s corresponding obligations shall be reduced to reflect terms and conditions which are no more burdensome and no less favorable than those applied to any other licensee.
(b) In the event another provider(s) of multichannel programming, including video dialtone, serves Subscribers in the event that another Multichannel Programming Distributor offers multiple channels Town, but not required to be licensed by the Town, and to the extent such multichannel programming competitor(s) is not required to: 1) pay any franchise fee, 2) pay for support of video programming in such public, educational or government access programming, 3) make a way as capital grant for public, educational or government access equipment/facilities, 4) provide drops and service to become a Competing Distributor public buildings, and/or 5) comply with the Licensee, regardless of whether such Competing Distributor is licensed or notcustomer service standards, the following procedure shall apply:
(i) Upon written Town, upon request of the Licensee, the Issuing Authority shall hold one (1) or more a public hearings as may be deemed necessary. At such hearing(s), hearing and afford the Licensee shall have the burden of demonstrating opportunity to demonstrate the satisfaction of the Issuing Authority all of the following:
(A) That there exist disparate burdens and inequities between the obligations imposed upon the on Licensee by the terms of this Renewal License having to comply with said requirements and the terms and conditions under economic injury which the Competing Distributor has occurred or is licensed or permitted likely 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%) calculationoccur therefrom.
(iic) If, after Should the conclusion of conditions which Licensee demonstrates in the aforementioned 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 give rise to a competitive disadvantage for the Licensee, the Town shall rectify said differences by modifying the License in such a manner 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 the Licensee of the burdens which are not imposed upon on the Competing Distributor, Licensee’s competitor(s) or by imposing similar requirements on the Competing Distributorcompeting multichannel programming provider.
ARTICLE 3 SYSTEM SPECIFICATIONS AND CONSTRUCTION
(a) The Licensee shall provide Cable Service to all dwelling units within the initial service area, which includes all dwellings located on the streets listed in Exhibit A, attached hereto, but excluding any dwellings located on the National Seashore except as provided in subsection (c) herein.
(b) IfService shall be provided to every dwelling occupied by a person requesting Cable Service provided that the Licensee is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable Communications Act of 1984. After completion of the initial service area, upon the request of any Competing Distributor, the Issuing Authority conducts a public hearing or hearings for purposes of licensing such Competing Distributor, at the Issuing Authority’s request, or on its own initiative the Licensee shall provide for such hearing or hearings evidence of disparate burdens and inequities which would exist between extend the Licensee’s Renewal License and the license terms proposed for or by the Competing Distributor.
(c) The provisions of subsection (a) above shall not apply if, at the time that a license for any Competing Distributor is proposed, such distributor is or will provide cable service in only those Cable System into abutting areas of within the Town where the Licensee has not provided such service [or, in the event there are a minimum of a new residential subdivision(s) of land, will not have provided service within one hundred twenty (120) calendar days, subject to timely "make ready" by the utilities, of the issuance of the first occupancy permit for an occupied structure within such subdivision(s)].
(d) If the Licensee requests a hearing or hearings under paragraph (a) above, the Licensee agrees to pay to the Town Five Thousand Dollars ($5,000) to be used by the Town to secure financial and/or engineering expertise to assist the Issuing Authority at the hearing or hearings requested.twenty-five
Appears in 1 contract
Samples: Cable Television License
