(A) The franchise may be renewed by the Village Council upon application by the franchisee pursuant to the procedures established in this section upon the advice of the Cablecasting Board.
(B) At least 12 months prior to the expiration of the franchise, the franchisee shall inform the Village Council in writing if it intends to seek renewal of the franchise.
(C) After giving public notice, the Village Council shall proceed, upon the advice of the Cablecasting Board, to determine whether the franchisee has satisfactorily performed all obligations under the franchise. To determine satisfactory performance, the Village Council shall consider technical developments and performance of the system, programming, other services offered, costs of services and any other particular requirements set out in this chapter and the franchise agreement. The Village Council shall also consider the records of the performance evaluation sessions required hereinafter as well as the franchisee's annual reports made to the village as required by this chapter. The Village Council shall also be entitled to consider or compare the franchisee's performance with the performance of other systems of comparable configuration nationally in arriving at its decision. The Village Council shall also consider comments of subscribers to, and users of, the system.
(D) Within four months of receiving notice from the franchisee of its desire to renew the franchise, the Village Council shall hold a public hearing. Subsequently, the village shall arrive at a decision on the eligibility of the franchisee for renewal. Notice of the public hearing shall be given in accordance with the provisions of § 113.139. Upon the finding by the Village Council that the franchisee's performance is satisfactory, and that superior service for subscribers may not be obtained from other companies or operators, a renewal with any amendments shall be granted for a period of not more than 15 years and not less than five years as specifically set forth in the franchise agreement. All contracts granting any franchise or renewing or amending any existing franchise shall be made by ordinance, which ordinance shall be thereafter published in the manner prescribed by law.
(E) Upon a finding that the franchisee's performance is not satisfactory or that superior service for subscribers may be obtained from other companies or operators, the Village Council may deny renewal. A new franchise may be awarded at any time utilizing the procedures set forth in this chapter.
(F) If a franchise is denied renewal, the Village Council may require, at its option, the non-renewed franchisee to temporarily continue service until the execution of a new franchise agreement.
(G) The provisions of this section shall be applicable only to the extent permitted by the renewal provisions of higher law.
(Ord. passed - -)