Technically, you are correct. It is deemed non-exclusive by the law.
What I mean is that many franchise agreements, while technically non-exclusive, are in reality exclusive as there is little to no chance of anyone outside the other major ISP's entering those markets due to some ridiculous rules and regulations which can change year-to-year depending on how many millions the major ISP's spend to change the law in that state.
Karl has written many times how smaller ISP's want to enter a market and are not allowed due to the major ISP's demanding that ANYONE entering the market must use the EXACT same agreement or else...no agreement. And that is one of many issues that has stopped smaller companies from even entering markets with big players already in them.
Heck, the FCC itself admitted to such issues.
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www.maine.gov/connectme/ ··· ne09.pdfThe FCC found that [r]egulatory restrictions and conditions on entry shield incumbents from competition
The FCC identified several factors that have stood in the way of competition. These include: (a) delays in acting on franchise applications; (b) insistence on the same terms for new entrants as for incumbents; (c) unreasonable build-out requirements; (d) LFA demands unrelated to provision of cable television services; (e) excessive demands over franchise fees; (f) unreasonable Public, Education,Governmental (PEG) channel and Institutional Network (I-Net) requirements; and (h) existence of local level playing field provisions.