ADELPHIA 2 - 2005 - Laserfiche WebLink

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wire and serve the same geographical area within a reasonable time and in a sequence that does not discriminate against lower income or minority residents, and must contain the same public, educational, and governmental access requirements that are set forth in the Grantee's existing franchise. These requirements do not apply where all existing cable operators certify to the Grantor that they do not intend to provide service within a reasonable time to the area to be initially served by the additional cable television franchisee. (d) With regard to the reference in paragraph (c) above to "the same public, educational, and governmental access requirements," the parties agree that a duplication of the facilities and services involved in meeting those access requirements would not serve the best interests of cable subscribers and would not constitute the most effective expenditure oflimited financial resources. Therefore, the parties agree that a competitive cable television service provider may be required by the Grantor to provide facilities and services that confer benefits upon the Grantor or upon cable subscribers that are substantially equivalent to those conferred by the access requirements and that impose upon the competitive cable television service provider financial burdens that are substantially equivalent to those imposed upon the Grantee in meeting the access requirements set forth in this Agreement. I. I O. Scope of the Franchise. (a) Subject to Grantee's compliance with Grantor's permit procedures applicable to construction, encroachments, and pole attachments, Grantee is authorized and obligated to construct, reconstruct, operate, and maintain the cable television system within the public streets and rights-of-way. (b) The authority granted by this Agreement relates to the privilege to use the Grantee's cable television system in the franchise service area solely for the provision of cable services, and no other services may be provided unless authorized by local, state, or federal law. (c) Grantor reserves all rights it may subsequently acquire with respect to the future authorization and regulation of non-cable services, including, but not limited to, the right to impose reasonable terms and conditions in addition to or different from those set forth in this Agreement with respect to the provision of any non-cable services, and to charge a franchise fee or other form of consideration or compensation on those non-cable services in lieu ofthat specified herein; provided that such terms and conditions and such franchise fee or other form of consideration or compensation must not be in conflict with federal and state law applicable to non-cable services; and provided further that the Grantor and Grantee will negotiate in good faith an agreement as to those terms and conditions and that franchise fee or other form of consideration or compensation. Grantee reserves all rights it now has or may subsequently acquire with respect to the provision of non-cable services and does not waive any rights it may have to provide those services. (d) At least 30 days before commencing to offer or distribute any services other than cable services to customers within the franchise service area, Grantee must provide written notice to the Grantor of its intent to offer or distribute such services and a description of those services. 12097 -0002\680672v 19 .doc -6- City of Santa Ana EXECUTION COPY 4/07/05