Pursuant to § 626 of the Act, the following procedures shall apply.
(A) During the six-month period which begins with the thirty-sixth month before the expiration of a franchise agreement, the village may on its own initiative and shall upon request of the grantee begin proceedings which will enable the public to participate in identifying the future cable related needs and interests of the community and reviewing the performance of the grantee.
(B) Upon completion of the proceeding described in division (A) above, and/or 18 months before the expiration of the franchise agreement, the grantee shall submit a proposal for renewal. The proposal for renewal shall contain any plans the grantee may have for an upgrade of the cable system as well as other pertinent information, subject to §§ 112.12 and 112.15.
(C) The village shall publish a public notice in any newspaper having general circulation in the village promptly upon receipt for the proposal for renewal.
(D) (1) Within 18 to 14 months prior to the expiration of the franchise agreement, the Village Council shall either renew the franchise or issue a preliminary assessment that the franchise should not be renewed. If a preliminary assessment is issued, the following procedure shall be followed:
(a) An administrative proceeding shall be held no later than 13 months prior to the expiration of the franchise to consider whether:
1. The grantee has substantially complied with the material terms of the franchise agreement and any applicable laws;
2. The quality of the grantee’s service, including signal quality, response to consumer complaints and billing practices has been reasonable in light of community needs (the mix, quality of, or level of cable services or other services provided over the system shall not be considered);
3. The grantee has the financial, legal and technical ability to provide the services, facilities and equipment set forth in the proposal for renewal; and
4. The grantee’s proposal is reasonable to meet the cable related needs and interests of the community.
(2) The village shall publish a public notice of the administrative proceeding under division (D)(1)(a) above, the grantee shall be afforded adequate notice and the grantee and the village, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issued raised in the proceeding under division (A) above), to require the production of evidence and to question witnesses. A transcript shall be made of any such proceedings.
(E) Within 30 calendar days of the completion of the proceeding (or 12 months prior to the expiration of the franchise agreement), the Village Council shall issue a written decision granting or denying the proposal for renewal based upon the record of the proceeding. The decision shall state the reasons therefore and shall be final appealable decision. A copy of such decision shall be transmitted to the grantee.
(F) Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in divisions (D)(1)(a)1. through (D)(1)(a)4. above, pursuant to the record of the proceedings under division (D)(2). The village may not base a denial or renewal on a failure to substantially comply with the material terms of the franchise under division (D)(1)(a)1. above or on events considered under division (D)(1)(a)2. above in any case in which a violation of the franchise or the events considered occurred after the effective date of the Act unless the village has provided the grantee with notice and the opportunity to cure, or in any case in which it is documented that the village has waived its right to object, or has effectively acquiesced.
(G) (1) Any grantee whose proposal for renewal has been denied by a final decision of the village made pursuant to this section, or has been adversely affected by a failure of the village to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the Provisions 635 (Judicial Proceedings) of the Act.
(2) The court shall grant appropriate relief if the court finds that:
(a) Any action of the village is not in compliance with the procedural requirements of this section: or
(b) In the event of a final decision of the village denying the renewal proposal, the grantee has demonstrated that the adverse finding of the village with respect to each of the factors described in divisions (D)(1)(a)1. through (D)(1)(a)4. above on which the denial is based is not supported by a preponderance of evidence, based on the record of the proceedings conducted under division (D) above.
(H) Any decision of the village on a proposal for renewal shall not be considered final unless all administrative review by the state has occurred or the opportunity therefore has lapsed.
(I) For purposes of this section, the term FRANCHISE EXPIRATION means the date of the expiration of the term of the franchise, as provided under the franchise, as it was in effect on the date of the enactment of this chapter.
(J) Notwithstanding the provisions of divisions (A) through (I) above, a grantee may submit a proposal for the renewal of a franchise pursuant to this division (J) at any time, and the village may, after affording the public adequate notice and opportunity for comment, grant or deny such proposals at any time (including after proceedings pursuant to the section have commenced). The provisions of divisions (A) through (I) above shall not apply to a decision to grant or deny a proposal under this division (J). The denial of a renewal pursuant to this division (J) shall not affect action of a renewal proposal that is submitted in accordance with divisions (A) through (I) above.
(Ord. 28-1986, passed 11-17-1986)