A franchise and the right it grants to use and occupy the public right of way shall not be exclusive and do not explicitly or implicitly preclude the issuance of other franchises to operate cable systems or other communications systems within the City, affect the City’s right to authorize use of the public right of way by other persons to operate cable systems or other communications systems or for other purposes as the City determines appropriate, or affect the City’s right itself to construct, operate or maintain a cable system or other communications system, with or without a franchise.

In the event that, after the effective date of a franchise, the City grants a franchise to another person or persons to use and occupy the public right of way for the purpose of operating a cable system or other communications system that is comparable in scope to a franchise, the material terms and conditions of such additional franchise or franchises shall be reasonably comparable to the materials terms and conditions of the franchise, taking into consideration all of the circumstances in existence at the time such additional franchise or franchises are granted, including without limitation any applicable legal limitations on the City’s regulatory authority. (Ord. #80-97, S10)