Common use of Equal Protection Clause in Contracts

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. (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 fee 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. ARTICLE 3 SYSTEM SPECIFICATIONS AND CONSTRUCTION (a) The Licensee shall provide Cable Service to all dwelling units within the initial service area, which includes all dwellings located on the streets listed in Exhibit A, attached hereto, but excluding any dwellings located on the National Seashore except as provided in subsection (c) herein. (b) Service shall be provided to every dwelling occupied by a person requesting Cable Service provided that the Licensee is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Federal Cable Communications Act of 1984. After completion of the initial service area, the Licensee shall extend the Cable System into abutting areas within the Town where there are a minimum of twenty-five

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 value 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, programming serves Subscribers in the Town, but is 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.