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1.9. Franchise Not Exclusive. (a) The cable television franchise granted by this Agreement may not be construed to limit in any manner the right of Grantor, through its authorized officers and in accordance with applicable law, to grant to other individuals or entities, by franchise, permit, license, or otherwise, any rights, privileges or authority similar to or different from the rights, privileges and authority herein set forth, in the same or other streets, public ways, public places, or other property that the Grantee is entitled to occupy. (b) After the effective date of this Agreement, if Grantor proposes to award an additional cable television franchise within the Grantee's franchise service area, a noticed public hearing must first be held ifrequired under the provisions of Government Code Section 53066.3. Notice of that hearing must be given in accordance with Government Code Section 6066, and in a newspaper of general circulation as defined in Government Code Section 6000. At any such public hearing, the Grantor will consider all matters that are set forth in Government Code Section 53066.3, which include the following: I. Whether there will be significant positive or negative impacts on the community being served. 2. Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the area. 3. Whether there will be an unreasonable disruption or inconvenience to existing users, or any adverse effect on future use of utility poles, public easements, and the public rights-of- way contrary to the intent of Section 767.5 of the Public Utilities Code. 4. Whether the franchise applicant has the technical and financial ability to perform. 5. Whether there is any impact on the Grantor's interest in having universal cable service. 6. Whether other societal interests generally considered by franchising authorities will be met. 7. Whether the operation of an additional cable television system in the community is economically feasible. 8. Such additional matters, both procedural and substantive, as the Grantor may determine to be relevant. (c) Any additional franchise granted to provide cable television service in the Grantee's franchise service area, and where the Grantee is providing service, or certifies to the Grantor that it is ready, willing and able to provide service, must require the franchisee to 12097.0002\6806 72v 19.doc .5. City of Santa Ana EXECUTION COPY 4/07/05