A. 
Pursuant to the Cable Act, the regulations of the FCC and Pennsylvania law, the municipality hereby grants a nonexclusive franchise to Blue Ridge, authorizing and permitting Blue Ridge to construct, operate, and maintain a cable system in the municipality's public rights-of-way.
B. 
Subject to the terms and conditions contained herein, the municipality hereby grants to Blue Ridge the right to construct, extend, install, operate, maintain, upgrade and rebuild a cable system, including such wires, cables, fiber, conductors, ducts, conduits, amplifiers, pedestals, attachments and other property and equipment as are necessary and appropriate to the operation of the cable system in, under, over, along, across and upon the streets, lanes, avenues, alleys, sidewalks, bridges, highways and other public places and rights-of-way under the jurisdiction of the municipality, including property over which the municipality has a sufficient easement or right-of-way, for the purpose of reception, transmission, amplification, origination, distribution or redistribution of video, audio, and other electronic signals and impulses to provide cable services as permitted by applicable law.
C. 
Notwithstanding this authority, Blue Ridge shall obtain all necessary government permits for occupying or disturbing any public places and/or rights-of-way. Prior to obtaining such permits, Blue Ridge shall provide the municipality with all reasonable information and documentation that the municipality requires. Blue Ridge shall comply with all other government regulations and requirements thereto.
The franchise granted in this agreement shall be perpetual, subject only to such limitations as are now or may hereafter be provided by law.
A. 
This franchise granted to Blue Ridge shall be nonexclusive. Nothing in this agreement shall affect the right of the municipality to grant another franchise to construct, operate or maintain a cable system or for any other purpose. If the municipality grants an additional franchise for construction and/or operation of a cable system or open video system, and such additional franchise imposes any material obligations, as defined below, that are more favorable or less burdensome to the competitive entity than those contained in this agreement, then Blue Ridge may request that the municipality amend this agreement to make such material obligation(s) consistent with the franchise of the competitive entity.
B. 
Solely for the purposes of this article, "material obligations" are limited to the following: Blue Ridge's obligations under this agreement to pay franchise fees as set forth in Article II; Blue Ridge's obligations under this agreement meet the customer service standards as set forth in Article IV; and Blue Ridge's obligations under this agreement to provide service throughout the municipality as set forth in §§ A217-11 and A217-12 within a reasonable period of time after the execution of the additional franchise.
Blue Ridge's rights under this agreement are subject to the police powers of the municipality to adopt and enforce general laws and regulations necessary for the safety and welfare of the public. Such laws and regulations are separate and distinct from the terms and conditions contained in this agreement. Notwithstanding the foregoing, the municipality shall not adopt or enforce any law that specifically prohibits or contradicts any rights granted to Blue Ridge pursuant to this agreement.
No course of dealing between the municipality and Blue Ridge, nor any delay on the part of the municipality or Blue Ridge in exercising any rights hereunder, shall operate as a waiver of any such rights of the municipality or Blue Ridge or acquiescence in the actions of the municipality or Blue Ridge in contravention of such rights, except to the extent expressly waived by the municipality or Blue Ridge.
A. 
If the municipality grants an additional franchise for construction and/or operation of a cable system or open video system, and such additional franchise imposes any material obligations, as defined below, that are more favorable or less burdensome to the competitive entity than those contained in this agreement, then Blue Ridge may request that the Borough amend this agreement to make such material obligation(s) consistent with the franchise of the competitive entity.
B. 
Solely for the purposes of this article, "material obligations" are limited to the following: Blue Ridge's obligations under this agreement to pay franchise fees; Blue Ridge's obligations under this agreement to meet the subscriber service standards; and Blue Ridge's obligations under this agreement to provide service as set forth in Article III within a reasonable period of time after execution of the additional franchise.