Southtowns Record

Franchise Agrrement

Government
Town of Wales
Kind
Other
Topics
Public safety, Audits and oversight, Roads and traffic, Water, sewer and drainage

Original document

Text · page 12 of 14

Read the whole document on one page (all 14 pages, each with its own heading)

15.5 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, Grantee 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 Grantee’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.

15.6 Change in Law. Notwithstanding any other provision in this Franchise, in the event any
change to state or federal law occurring during the term of this Franchise eliminates the
requirement for any person desiring to provide video service or Cable Service in the Franchise
Area to obtain a franchise from the Grantor, then Grantee shall have the right to terminate this
Franchise and operate the Cable System under the terms and conditions established in applicable
law. If Grantee chooses to terminate this Franchise pursuant to this provision, this Franchise shall
be deemed to have expired by its terms on the effective date of any such change in law, whether
or not such law allows existing franchise agreements to continue until the date of expiration
provided in any existing franchise.

15.7 Notices. Unless otherwise provided by federal, State or local law, all notices pursuant to
this Franchise shall be in writing and shall be deemed to be sufficiently given upon delivery to a
Person at the address set forth below, or by U.S. certified mail, return receipt requested, nationally
or internationally recognized courier service such as Federal Express or electronic mail
communication to the designated electronic mail address provided below. As set forth above,
notice served upon the Grantor shall be delivered or sent to:

  Grantor:  Town of Wales
  Attn: Supervisor Tim Howard
  12345 Big Tree Road
  Wales Center, NY 14169

  12