§ A580-24. Favorable terms.

A. 

In the event the Borough approves or permits a cable system franchise to operate in the community on terms more favorable or less burdensome than those contained in this ordinance, then such more favorable or less burdensome terms shall be applicable to this franchise, subject to approval of a petition to the Board of Public Utilities as provided for in accordance with N.J.S.A. 48:58:5A-15 and N.J.A.C. 14:17-6.7.

B. 

In the event that another multichannel video program provider's service within the Borough creates a significant competitive disadvantage to Cablevision, the company shall have the right to request from the Borough lawful amendments to its franchise that relieve it of burdens which create the unfair competitive situation. Should the company seek such amendments to its franchise, the parties agree to negotiate in good faith appropriate changes to the franchise in order to relieve the company of such competitive disadvantages. If the parties can reach an agreement on such terms, the Borough agrees to support the company's petition to the Board for modification of the consent in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.

C. 

If the parties are unable to reach an agreement on appropriate amendments to the franchise, the Borough acknowledges that the company shall have the right to petition the Board directly for such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided, however, that the Borough shall be under no obligation to support Cablevision's request for such relief from the Board.

D. 

Cablevision represents and acknowledges that as of the date of its acceptance of this municipal consent competition within the Borough has not yet risen to the level of creating a significant competitive disadvantage sufficient to enable the company to seek relief under this section.