Equal Protection Clause Samples

Equal Protection. If any other provider of cable services or 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 within thirty (30) days of a written request from Grantee, modify this Franchise to ensure that the obligations applicable to Grantee are no more burdensome than those imposed on the new competing provider. If the Grantor fails to make modifications consistent with this requirement, ▇▇▇▇▇▇▇’s Franchise shall be deemed so modified thirty (30) days after the Grantee’s initial written notice. As an alternative to the Franchise modification request, 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 ▇▇▇▇▇▇▇’s option, negotiate a renewal or replacement franchise, license, consent, certificate or other authorization with any appropriate government entity. Nothing in this Section 14.5 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.

Equal Protection. If any other provider of cable services or 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, within thirty (30) days of a written request from Grantee, modify this Franchise to insure that the obligations applicable to Grantee are no more burdensome than those imposed on the new competing provider. If the Grantor fails to make modifications consistent with this requirement, ▇▇▇▇▇▇▇’s Franchise shall be deemed so modified thirty (30) days after the Grantee’s initial written notice. As an alternative to the Franchise modification request, 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 ▇▇▇▇▇▇▇’s option, negotiate a renewal or replacement franchise, license, consent, certificate or other authorization with any appropriate government entity. Nothing in this Section 9 shall be deemed a waiver of any remedies available to Franchisee under federal, state or municipal law, including but not limited to Section 625 of the Cable Act, 47 U.S.C. § 545

Equal Protection. The City and Local 521 agree that the provisions of this Agreement shall be applied equally to employees covered herein without favor, discrimination, or harassment because of race, color, ancestry, national origin, religious creed, sex, age, physical or mental disability, marital status, sexual preference, medical condition, familial status, sexual orientation, or political opinion or affiliation, unless such factor shall be a bona fide occupational qualification for a position, or such action is required to comply with Federal or State law.

Equal Protection. The District and the Association agree that they will not discriminate against any employee by reason of race, color, age, sex, sexual orientation, genetics, marital status, national origin, or the presence of any sensory, mental or physical handicap, unless based on a bona fide occupational qualification reasonably necessary to the normal operation of the District or the Association.

Equal Protection. (a) The Issuing Authority agrees that it shall not permit another licensee to utilize the public rights-of-way on terms and conditions which are more favorable or less burdensome than those applied to the Licensee. In applying this provision, the Issuing Authority shall consider the following: 1) the fees assessed on any other licensee shall be no more or less than the fees for this License; 2) the channels and support for local programming and access channels shall be no less than the channels and support provided by the Licensee; and 3) other requirements imposed on any other licensee for the benefit of the Town shall have a net present value at the time of licensing equal to the net present of the support provided by Licensee under this License. To the extent such licensee is not subject to such requirements, Licensee’s corresponding obligations shall be reduced to reflect terms and conditions which are no more burdensome and no less favorable than those applied to any other licensee. (b) In the event another provider(s) of multichannel programming, including video dialtone, serves Subscribers in the Town, but not required to be licensed by the Town, and to the extent such multichannel programming competitor(s) is not required to: 1) pay any franchise fee, 2) pay for support of public, educational or government access programming, 3) make a capital grant for public, educational or government access equipment/facilities, 4) provide drops and service to public buildings, and/or 5) comply with customer service standards, the Town, upon request of the Licensee, shall hold a public hearing and afford the Licensee the opportunity to demonstrate the disparate burdens and inequities on Licensee of having to comply with said requirements and the economic injury which has occurred or is likely to occur therefrom. (c) Should the conditions which Licensee demonstrates in the aforementioned hearing give rise to a competitive disadvantage for the Licensee, the Town shall rectify said differences by modifying the License in such a manner as to relieve the Licensee of the burdens which are not imposed on the Licensee’s competitor(s) or by imposing similar requirements on the competing multichannel programming provider.

Equal Protection. In the event the Franchising Authority enters into a Franchise, permit, license, authorization, or other agreement of any kind with any other Person or entity other than the Grantee to enter into the Franchising Authority's Public Ways for the purpose of constructing or operating a Cable System or providing Cable Service to any part of the Service Area, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law.

Equal Protection. (a) The Issuing Authority agrees that, in the event that another Multichannel Programming Distributor offers multiple channels of video programming in such a way as to become a Competing Distributor with the Licensee, regardless of whether such Competing Distributor is licensed or not, the following procedure shall apply: (i) Upon written request of the Licensee, the Issuing Authority shall hold one (1) or more public hearings as may be deemed necessary. At such hearing(s), the Licensee shall have the burden of demonstrating to the satisfaction of the Issuing Authority all of the following: (A) That there exist disparate burdens and inequities between the obligations imposed upon the Licensee by the terms of this Renewal License and the terms and conditions under which the Competing Distributor is licensed or permitted to offer multiple channels of video programming; (B) That those disparate burdens and inequities are the sole and proximate result of conditions imposed upon the Licensee by this Renewal License, and are not, either in whole or in part, the result of reasonably remediable internal policies, decisions or economies of the Licensee which render the Licensee less than competitive with the Competing Distributor; (C) That the Licensee demonstrate at such hearing that its services, or some aspect of its services as required either by law or by this Renewal License, are not or will not be provided by the Competing Distributor; and (D) That as a direct and proximate result of the entry of the Competing Distributor into the market area granted to the Licensee by this Renewal License, the Licensee has sustained six and one half percent (6.5%) decline in its subscription base, or greater, over a six (6) month period, or less. Subscriber base fluctuation due to "churning" or other artificial manipulation of the subscriber base count shall not be include in the six and one half percent (6.5%) calculation. (ii) If, after the conclusion of the hearing or hearings provided for in subsection (i) above, the Issuing Authority is satisfied that the Licensee has met its burden on all required elements of (i)(A) through (D), inclusive, then the Issuing Authority shall: (A) Make written findings that the Licensee has been placed at a competitive disadvantage as a sole and proximate result of conditions imposed upon the Licensee by this Renewal License, and the reasons therefor; and (B) After a further timely hearing, take such steps as it deems necessary to relieve...

Equal Protection. All benefits, rights, and responsibilities provided by this Agreement shall apply equally to all employees covered by the Agreement. The parties recognize the distinction between full and part- time employment and the benefits attached to each.

Equal Protection. If any other provider of cable services or video services (without regard to the technology used to deliver such services) is lawfully authorized by the Grantor or by any other Commonwealth 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 within thirty