6386 - Laserfiche WebLink

Home Browse Search

implementation of new technology is reasonable and economically feasible, taking into account the then-current capabilities of the System, the remaining term of the Franchise, the nature, extent and cost of the new technology, and the effect on Subscriber rates. (q) Regional Equity: In the event Franchisee or any of its Affiliates shall enter into any other cable television franchise with any political subdivision in St. Louis County in which Franchisee or its Affiliate commits to make technological improvements not currently available in the City, Franchisee shall notify the City of same within thirty (30) days of the effective date of the other franchise, or if such improvements or upgrade are not required by a franchise then within ninety (90) days of completion of suCh improvements or upgrade. In the notification, Franchisee shall submit a schedule for providing these system enhancements in the City within the same period of time as in the other political subdivision; provided, however, that Franchisee is able to recoup its costs in a manner consistent with the terms in the other community(ies). The City shall grant extensions of the schedule, where necessary, upon receipt of an application by the Franchisee which demonstrates good cause for the cxtol~ion. (r) Equal Protection: The Franchising Authority shall not authorize or permit any Person providing video programming services and/or Cable Services to enter into the Franchising Authority's Public Ways in any part of the Service Area on terms or conditions more favorable or less burdensome to such Person than those applied to the Franchisee pursuant to this Franchise, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law; provided, however, that a Franchising Authority may require insurance or surety in excess of that required under this Franchise in recognition of such operator being either a new entrant or because of the construction requirements specified in that operator's agreement with the Franchising Authority. 3. Regulation and Oversight. (a) Severability: In the event that a court or agency of competent jurisdiction declares by final decision that any provision of this Franchise Agreement is unenforceable according to its terms or is otherwise void, said provision shall be considered a separate, distinct and independent part of this Agreement, and such declaration shall not affect the validity and enforceability of all other provisions of this Agreement. Alternatively, the City and the Franchisee may agree to modify any such provisions to the reasonable extent necessary to make such provisions enforceable if such modifications are consistent with the full intent 7