Franchise Not Exclusive Sample Clauses
Franchise Not Exclusive. The rights granted by this Franchise are not, and shall not be deemed to be, granted exclusively to the Company, and the City reserves the right to make or grant a franchise to any other person, firm, or corporation.
Franchise Not Exclusive. The Franchise granted herein is not exclusive. This Franchise shall not be construed as any limitation upon the right of the Grantor, through its proper officers, to grant to other persons or corporations, rights, privileges or authority the same as, similar to or different from the rights, privileges or authority herein set forth, in the same or other Streets and Public Ways or public places by franchise, permit or otherwise subject to the provisions of Section 13.12 herein.
Franchise Not Exclusive. This Franchise shall not be construed as any limitation upon the right of the County, through its proper offices, and in accordance with applicable law, to grant to other Persons rights, privileges, or authority similar to or different from the rights, privileges, and authority herein set forth, in the same or other Public-Rights-of- Way or public places or other places the Grantee is entitled to occupy by this Agreement, permit, or otherwise; provided, however, that such additional grants shall not operate to materially modify, revoke, or terminate any rights granted to the Grantee herein and shall be in accord with applicable law.
Franchise Not Exclusive. This franchise is not exclusive. The City expressly reserves the right to grant franchises to other persons or corporations as well as the right in its own name to use its streets for purposes similar to or different from those allowed to Grantee.
Franchise Not Exclusive. This franchise is not exclusive. The City reserves the right to grant rights or franchises to other persons, and reserves its own right as a municipality to use the Rights of Ways for the same or different purposes allowed Grantee hereunder, by franchise, permit or otherwise; provided, if the City grants any franchise for cable services in Grantee’s franchise area on terms that, taken as a whole, are materially less burdensome than this franchise contract, taking into account any difference in the number of subscribers served, the term of the Franchise and all other circumstances affecting the relative burdens, Grantee shall have the right to reopen this Franchise pursuant to Section 21 for the purpose of modifying only those terms of the Franchise that give rise to the material difference and only to the minimum extent necessary to remove the material difference.
Franchise Not Exclusive. The cable television franchise granted by this Agreement may not be construed to limit in any manner the right of Grantor, through its authorized officers and in accordance with applicable law, to grant to other individuals or entities, by franchise, permit, license, or otherwise, any rights, privileges or authority similar to or different from the rights, privileges and authority herein set forth, in the same or other streets, public ways, public places, or other property that the Grantee is entitled to occupy; provided, however, that those additional grants will not operate to revoke, terminate, or materially and adversely affect any rights granted to Grantee by this Agreement. If the Grantee determines that the cumulative benefits and burdens of an additional franchise awarded to another cable operator are not comparable to those existing under this Agreement, and the Grantee is thereby placed at a competitive disadvantage, then Grantee may request the Grantor to modify one or more provisions of this Agreement in order to eliminate that competitive disadvantage. The parties will meet and confer for the purpose of reviewing Grantee's request. Any proposed modifications will be subject to the approval of the Grantor's City Council.
Franchise Not Exclusive. Any Franchise granted by the Grantor shall be nonexclusive. The Grantor specifically reserves the right to grant, at any time, such additional Franchises for a Cable System or any component thereof, to any other person including itself subject to the Ordinance and applicable State and Federal law. The material terms and conditions of any Franchise granted to any other cable provider or renewed after the effective date of this Agreement shall be no less burdensome or more beneficial than any other Franchise granted or renewed subject to this Ordinance as long as the services offered by another provider are materially similar to the services offered by the Grantee.
Franchise Not Exclusive. This Agreement shall be nonexclusive, and is subject to all prior rights, interests, agreements, permits, easements or licenses granted by Grantor to any Person to use any Street, right-of-way, easement, or property for any purpose whatsoever, including the right of Grantor to use same for any purpose it deems fit, including the same or similar purposes allowed Grantee hereunder. Grantor may at any time grant authorization to use the public rights-of-way for any purpose not incompatible with Grantee's authority under this Agreement and for such additional Franchises for Cable Systems as Grantor deems appropriate, upon such terms and conditions as Grantor deems appropriate.
Franchise Not Exclusive. (a) The cable television franchise granted by this Agreement may not be construed to limit in any manner the right of Grantor, through its authorized officers and in accordance with applicable law, to grant to other individuals or entities, by franchise, permit, license, or otherwise, any rights, privileges or authority similar to or different from the rights, privileges and authority herein set forth, in the same or other streets, public ways, public places, or other property that the Grantee is entitled to occupy.
(b) After the effective date of this Agreement, if Grantor proposes to award an additional cable television franchise within the Grantee's franchise service area, a noticed public hearing must first be held if required under the provisions of Government Code Section 53066.3. Notice of that hearing must be given in accordance with Government Code Section 6066, and in a newspaper of general circulation as defined in Government Code Section 6000. At any such public hearing, the Grantor will consider all matters that are set forth in Government Code Section 53066.3, which include the following:
1. Whether there will be significant positive or negative impacts on the community being served.
2. Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the area.
3. Whether there will be an unreasonable disruption or inconvenience to existing users, or any adverse effect on future use of utility poles, public easements, and the public rights-of- way contrary to the intent of Section 767.5 of the Public Utilities Code.
4. Whether the franchise applicant has the technical and financial ability to perform.
5. Whether there is any impact on the Grantor’s interest in having universal cable service.
6. Whether other societal interests generally considered by franchising authorities will be met.
7. Whether the operation of an additional cable television system in the community is economically feasible.
8. Such additional matters, both procedural and substantive, as the Grantor may determine to be relevant.
(c) Any additional franchise granted to provide cable television service in the Grantee’s franchise service area, and where the Grantee is providing service, or certifies to the Grantor that it is ready, willing and able to provide service, must require the franchisee to wire and serve the same geographical area within a reasonable time and in a sequence that does not discriminate against lower income ...