2002 FEBRUARY - Laserfiche WebLink

6.52.040 reasonable terms and conditions. H. Nonexclusive Franchise: Any franchise granted pursuant to this chap- ter shall be nonexclusive. The grantor specifically reserves the right to grant, at any time, such additional franchises for a cable system, as it deems appro- priate, subject to applicable state and federal law, provided that if the grantor grants an additional franchise, then the material provisions of any such addi- tional franchise shall be reasonably comparable to the terms and conditions contained in the initial grantee's fran- chise, so that all grantees are accorded competitively neutral and nondiscrimi- natory treatment. I. Multiple Franchises: 1. Grantor may grant any number of franchises subject to applicable state or federal law. Grantor may limit the num- ber of franchises granted, based upon, but not necessarily limited to, the re- quirements of applicable law and spe- cific local considerations, such as: a. The capacity of the public rights of way to accommodate multiple cables in addition to the cables, conduits and pipes of the utility systems, such as electrical power, telephone, gas and sewerage. b. The benefits that may accrue to subscribers as a result of cable system competition, such as lower rates and improved service. c. The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disrup- tion arising from numerous excavations of the public rights of way. 2. Where electric and telephone utili- ties are to be placed underground in any new residential housing develop- ments, grantor and the developer of such new residential housing shall give each grantee serving the franchise area within which the new residential hous- ing development is located at least ten (10) working days' prior written notice of the date on which open trenching will be available for the grantee's in- stallation of conduit, pedestals and vaults. On request of the grantor or developer, the grantee shall provide specifications needed for trenching. 3. Grantor may require that any new entrant, nonincumbent grantee be re- sponsible for its own underground trenching and the costs associated therewith, if, in grantor's opinion, the public rights of way in any particular area cannot feasibly and reasonably accommodate additional cables. J. Franchise Modification: The grant- ee may be required to pay any costs incurred by the grantor in processing a grantee request for franchise modifica- tion, lease, hypothecation or trust of franchise. Such costs may include the costs incurred for hiring consultants to assist in evaluating the request. Such costs shall be paid by the grantee prior to final consideration of the request by the grantor. (Ord. 1829 § 2, 2001) 6.52.050 Franchise Applications And Renewal: A. Filing Of Applications: Any per- son desiring an initial franchise for a cable system shall file an application 192-5 (Pleasanton February 2002)