Common use of Level Playing Field Clause in Contracts

Level Playing Field. 12.20.1 Franchisee and the LFA agree that, as of the Effective Date, the terms and conditions of this Agreement are in compliance with the level playing field requirements of the NY PSC. 12.20.2 In the event that the LFA grants or renews another franchise(s), or similar authorization(s), for the construction, operation and maintenance of any communication facility which shall offer substantially equivalent services to those offered by Franchisee over the System, it shall not make the grant or renewal on more favorable or less burdensome terms than are contained herein. The LFA shall provide Franchisee written notice of any public hearing or other official action related to such proposed grant or renewal of a franchise or similar authorization. If Franchisee finds that a proposed franchise, franchise renewal or similar authorization contains provisions imposing less burdensome or more favorable terms than are imposed by the provisions of this Agreement, then Franchisee will identify those terms to the LFA in writing in advance of any vote to adopt the franchise, franchise renewal or similar authorization; and, if the LFA approves such franchise, franchise renewal or similar authorization for the other provider with the identified terms, or any subsequent modification thereof, then those terms identified in writing by the Franchisee shall become the operative terms in this Agreement, in lieu of existing terms, upon the effective date of the other franchise, franchise renewal or similar authorization, subject to written acknowledgment of such modification of the Agreement by the LFA issued prior to the effective date of the other franchise, franchise renewal or similar authorization. Such acknowledgement by the LFA shall not be unreasonably withheld or delayed by the LFA, and the Parties agree to negotiate in good faith a resolution of any disputes over the modification of the Agreement, consistent with applicable law and the Franchise, within thirty (30) days after the LFA’s approval of such other franchise, franchise renewal or similar authorization. 12.20.3 In the event that a non-franchised multi-channel video service provides service to residents of the LFA, the Franchisee shall have a right to petition for amendments to the Franchise that relieve the Franchisee of burdens that create a competitive disadvantage to the Franchisee. Such petition shall: i) indicate the presence of a non-franchised competitor(s); ii) identify the basis for Franchisee’s belief that certain provisions of this Agreement place Franchisee at a competitive disadvantage; iii) identify the provisions of this Agreement to be amended or repealed in order to eliminate the competitive disadvantage. The LFA shall not unreasonably deny Franchisee’s petition. 12.20.4 Nothing in this Section 12.20 shall be deemed a waiver of any remedies available to Franchisee under federal, state or municipal law, including but not limited to section 625 of the Cable Act, 47 U.S.C. Section 545.

Level Playing Field. 12.20.1 Franchisee and the LFA 12.21.1 The parties agree that, as of the Effective Date, the terms and conditions of this Agreement are in compliance with the level playing field requirements of the NY PSC. 12.20.2 12.21.2 In the event that the LFA grants or renews another franchise(s), or similar authorization(s), for the construction, operation and maintenance of any communication facility which shall offer substantially equivalent services to those offered by Franchisee over the System, it shall not make the grant or renewal on more favorable or less burdensome terms than are contained herein. The LFA shall provide Franchisee written notice of any public hearing or other official action related to such proposed grant or renewal of a franchise or similar authorization. If Franchisee finds that a proposed franchise, franchise renewal or similar authorization contains provisions imposing less burdensome or more favorable terms than are imposed by the provisions of this Agreement, then Franchisee will identify those terms to the LFA in writing in advance of any vote to adopt the franchise, franchise renewal or similar authorization; authorization and, if shall provide the LFA a reasonable time to rebut whether such terms are substantively more favorable or less burdensome. If the LFA approves such franchise, franchise renewal or similar authorization for the other provider with the identified terms, or any subsequent modification thereof, then those terms identified in writing by the Franchisee shall become the operative terms in this Agreement, in lieu of existing terms, upon the effective date of the other franchise, franchise renewal or similar authorization, subject to written acknowledgment of such modification of the Agreement by the LFA issued prior to the effective date of the other franchise, franchise renewal or similar authorization. Such acknowledgement by the LFA shall not be unreasonably withheld or delayed by the LFA, and the Parties agree to negotiate in good faith a resolution of any disputes over the modification of the Agreement, consistent with applicable law and the Franchise, within thirty (30) days after the LFA’s approval of such other franchise, franchise renewal or similar authorization. 12.20.3 12.21.3 In the event that a non-franchised multi-channel video service provides service to residents of the LFA, the Franchisee shall have a right to petition for amendments to the Franchise that relieve the Franchisee of burdens that create a competitive disadvantage to the Franchisee. Such petition shall: i) indicate the presence of a non-franchised competitor(s); ii) identify the basis for Franchisee’s belief that certain provisions of this Agreement place Franchisee at a competitive disadvantage; iii) identify the provisions of this Agreement to be amended or repealed in order to eliminate the competitive disadvantage. The LFA shall not unreasonably deny Franchisee’s petition. 12.20.4 12.21.4 Nothing in this Section 12.20 12.21 shall be deemed a waiver of any remedies available to LFA or Franchisee under federal, state or municipal law, including but not limited to section 625 of the Cable Act, 47 U.S.C. Section 545.

Level Playing Field. 12.20.1 Franchisee and the LFA 12.21.1 The parties agree that, as of the Effective Date, the terms and conditions of this Agreement are in compliance with the level playing field requirements of the NY PSC. 12.20.2 12.21.2 In the event that the LFA grants or renews another franchise(s), or similar authorization(s), for the construction, operation and maintenance of any communication facility which shall offer substantially equivalent services to those offered by Franchisee over the System, it shall not make the grant or renewal on more favorable or less burdensome terms than are contained herein. The LFA shall provide Franchisee written notice of any public hearing or other official action related to such proposed grant or renewal of a franchise or similar authorization. If Franchisee finds that a proposed franchise, franchise renewal or similar authorization contains provisions imposing less burdensome or more favorable terms than are imposed by the provisions of this Agreement, then Franchisee will identify those terms to the LFA in writing in advance of any vote to adopt the franchise, franchise renewal or similar authorization; authorization and, if the LFA approves such franchise, franchise renewal or similar authorization for the other provider with the identified terms, or any subsequent modification thereof, then those terms identified in writing by the Franchisee franchisee with acceptance and memorialized in writing by the LFA shall become the operative terms in this Agreement, in lieu of existing terms, upon the effective date of the other franchise, franchise renewal or similar authorization, subject to written acknowledgment of such modification of the Agreement by the LFA issued prior to the effective date of the other franchise, franchise renewal or similar authorization. Such acknowledgement by the LFA shall not be unreasonably withheld or delayed by the LFA, and the Parties agree to negotiate in good faith a resolution of any disputes over the modification of the Agreement, consistent with applicable law and the Franchise, within thirty (30) days after the LFA’s approval of such other franchise, franchise renewal or similar authorization. 12.20.3 12.21.3 In the event that a non-franchised multi-channel video service provides service to residents of the LFA, the Franchisee shall have a right to petition for amendments to the Franchise that relieve the Franchisee of burdens that create a competitive disadvantage to the Franchisee. Such petition shall: i) indicate the presence of a non-franchised competitor(s); ii) identify the basis for Franchisee’s belief that certain provisions of this Agreement place Franchisee at a competitive disadvantage; iii) identify the provisions of this Agreement to be amended or repealed in order to eliminate the competitive disadvantage. The LFA shall not unreasonably deny Franchisee’s petition. 12.20.4 12.21.4 Nothing in this Section 12.20 12.21 shall be deemed a waiver of any remedies available to LFA or Franchisee under federal, state or municipal law, including but not limited to section 625 of the Cable Act, 47 U.S.C. Section 545.