Southtowns Record

Village Board agenda — July 6, 2026

Government
Village of East Aurora
Board
Village Board
Meeting
Jul 6, 2026
Kind
Agenda
Topics
Public safety, Zoning and land use, Budget and taxes, Housing, Audits and oversight, Parks and recreation, Roads and traffic, Water, sewer and drainage

Original document

Same meeting

Text · page 70 of 97

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resolutions of its Board of Directors or other governing body, and has secured all consents which
are required to be obtained as of the Effective Date, to enter into and legally bind Charter to this
Agreement and to take all actions necessary to perform all of its obligations pursuant to this
Agreement;

  (3)  This Agreement is enforceable against Charter in accordance with the
provisions herein, subject to applicable state and federal laws and regulations;

  (4)  There is no action or proceeding pending or threatened against Charter that
would interfere with its performance or its ability to perform the requirements of this Agreement.

2.4  NON-EXCLUSIVITY

  (a)  The Franchise granted herein is non-exclusive. The Village specifically reserves
the right to grant, at any time, additional franchises for a Cable System in accordance with state
and federal law. The parties acknowledge the Level Playing Field rule set forth in 16 NYCRR
Section 895.3 which provide that “No municipality may award or renew a franchise for Cable
Service which contains economic or regulatory burdens which when taken as a whole are greater
or lesser than those burdens placed upon another cable television franchise operating in the same
franchise area.” The Village agrees that any grant of additional franchises by the Village to any
other entity to provide Cable Service shall be in compliance with that provision.

  (b)  If the Village grants a cable television franchise or other right to provide Cable
Service to another Person and Charter believes that its terms, when taken as a whole, provide
greater benefits or impose lesser burdens to the other Person than provided herein, then Charter
may request in writing a specific amendment or amendments to this Agreement to provide Charter
with competitive equity. The Village shall respond to Charter in writing within thirty (30) days of
receiving Charter’s request as to whether the Village accepts, rejects, or wishes to modify Charter’s
proposed amendment(s). If the Village rejects or wishes to modify the proposed amendment(s),
then the parties shall have sixty (60) days to negotiate in good faith amendment(s) to the
Agreement that are acceptable to both the Village and to Charter.

2.5  FRANCHISE SUBJECT TO FEDERAL, STATE AND LOCAL LAWS

  This Franchise is subject to and shall be governed by all lawful and applicable provisions
of federal and state laws and regulations. This Franchise is further subject to all generally
applicable local laws and regulations of the Village to the extent they are not inconsistent with the
terms of this Franchise. Without waiving any of its powers, the Village agrees that, to the extent
any terms of this Agreement are inconsistent with the terms of any Village local laws or
regulations, except for any generally applicable and non-discriminatory ordinances or regulations
pursuant to the Village’s police powers, this Franchise Agreement shall control.

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