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 the Licensee of the burdens which are not imposed upon the Competing Distributor, or by imposing similar requirements on the Competing Distributor. (b) If, upon the request of any Competing Distributor, the Issuing Authority conducts a public hearing or hearings for purposes of licensing such Competing Distributor, at the Issuing Authority’s request, or on its own initiative the Licensee shall provide for such hearing or hearings evidence of disparate burdens and inequities which would exist between the Licensee’s Renewal License and the license terms proposed for or by the Competing Distributor. (c) The provisions of subsection (a) above shall not apply if, at the time that a license for any Competing Distributor is proposed, such distributor is or will provide cable service in only those areas of the Town where the Licensee has not provided such service [or, in the event of a new residential subdivision(s) of land, will not have provided service within one hundred twenty (120) calendar days, subject to timely "make ready" by the utilities, of the issuance of the first occupancy permit for an occupied structure within such subdivision(s)]. (d) If the Licensee requests a hearing or hearings under paragraph (a) above, the Licensee agrees to pay to the Town Five Thousand Dollars ($5,000) to be used by the Town to secure financial and/or engineering expertise to assist the Issuing Authority at the hearing or hearings requested.
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