The franchise authority and the grantee agree that any proceedings undertaken by the franchise authority that relate to the renewal of the grantee's franchise shall be governed by and comply with the provisions of section 626 of the cable act (as such existed as of the effective date of the cable act), unless the procedures and substantive protection set forth therein shall be deemed to be preempted and superseded by the provisions of any subsequent provisions of federal or state law.
In addition to the procedures set forth in said section 626(a), the franchise authority agrees to notify grantee of its preliminary assessments regarding the identity of future cable related community needs and interests, as well as, the past performance of grantee under the then current franchise term. The franchise authority further agrees that such a preliminary assessment shall be provided to the grantee prior to the time that the four (4) month period referred to in subsection (c) of section 626 is considered to begin. Notwithstanding anything to the contrary set forth in this section 13-2-11, the grantee and franchise authority agree that at any time during the term of the then current franchise, while affording the public appropriate notice and opportunity to comment, the franchise authority and grantee may agree to undertake and finalize negotiations regarding renewal of the then current franchise and the franchise authority may grant a renewal thereof. The grantee and the franchise authority consider the terms set forth in this section to be consistent with the express provisions of section 626 of the cable act. A reproduction of section 626 of the cable act as such existed as of the effective date of the cable act is attached hereto as schedule 1 and incorporated herein by this reference. (Ord. 94-4, 8-1-1994)
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