§ 16-22. Entry by competitive providers.

A. 

In the event that the municipality approves or permits a cable system to operate in the Borough on terms more favorable or less burdensome than those contained in this franchise, such more favorable or less burdensome terms shall be applicable to this franchise, pursuant to approval of a petition to amend the certificate of approval filed with the Board of Public Utilities as provided for under N.J.A.C. 14:17-6.7.

B. 

In the event that a non-franchised multi-channel video programmer provides service to residents of the municipality, the company shall have a right to request amendments to this chapter and any certificate of approval that relieves the company of regulatory burdens that create a competitive disadvantage to the company.

(1) 

In requesting amendments, the company shall file a petition seeking to amend the franchise. Such petition shall:

(a) 

Indicate the presence of a nonfranchised competitor(s);

(b) 

Identify the basis for the company's belief that certain provisions of the certificate of approval place the company at a competitive disadvantage; and

(c) 

Identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage.

(2) 

The Borough shall not unreasonably object to the granting of the company's petition filed hereunder, pursuant to N.J.A.C. 14:17-6.7.

C. 

Upon expiration, termination or revocation of the certificate of approval, the company, at its sole cost and expense and upon direction of the Borough, shall remove the cables and appurtenant devices constructed or maintained herein, unless the company, its affiliated entities or assignees should, within six months after such expiration, termination or revocation, obtain certification from the FCC to operate an open video system or any other federal or state certification to provide telecommunications services.