Southtowns Record

7/14/26 Board Packet

Government
Village of Gowanda
Board
Village Board
Meeting
Jul 14, 2026
Kind
Agenda packet
Topics
Water, sewer and drainage, Public safety, Roads and traffic, Zoning and land use, Budget and taxes, Parks and recreation, Audits and oversight

Original document

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15.5  Equal Protection. If any other provider of cable servicesor 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 providercontains 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 t0 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, ceztificate or other authorization
with any appropriate government entity. Nothing in this Section155 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 ia 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 « 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 ofany 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 orlocal law, all notices pursuant to
 this Franchise shall be in writing and shall be deemed to be suficiently given upon delivery to a
 Person at the address set forth below, or by U.S. certified mail, rturn receipt requested, nationally
 or internationally recognized courier service such as Fedeal 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:  Village of Gowanda
  Attn: Mayo: Nephew
  27 East Main Street
  Gowanda, N'Y 14070

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