(a) The Council shall not hold any meeting involving the review, renewal, cancellation or expiration of the grantee's franchise unless the Mayor has (1) advised the grantee, in writing, at least thirty days prior to such meeting, as to its time, place and purpose, and (2) published a notice at least once, ten days before the meeting, in a newspaper of general circulation within the Village.
(b) It shall be the policy of the Village to amend the franchise upon application of the grantee when necessary to enable the grantee to take advantage of advancements in the state-of-the- art which will afford it an opportunity to more effectively, efficiently or economically serve its subscribers, provided, however, that this section shall not be construed to require the Village to make any amendment. Further, every two years during the term of the franchise, the Council shall hold a public hearing, the purpose of which will be to consider system performance, design modifications, the need for rate regulation, or other possible modifications in the franchise of a nature that would not result in effectively terminating the same under the existing Federal Communications Commission Rules for cable television. The franchise may be amended at any time in order to conform with the applicable Federal law and Federal Communications Commission rulings after notice and public hearing.
(c) The Council shall, no later than 120 days prior to the expiration of the franchise period, hold a public hearing to review the grantee's performance during the entire term of its franchise. At such hearing, the Council shall consider the adequacy of the franchise from the standpoint of the Village, the grantee and the Federal Communications Commission Rules for cable television, and determine the advisability of renewing the grantee's franchise for a period of ten years.
(d) The Council shall hear any interested persons during said meeting and shall determine whether or not the grantee did reasonably comply with the terms and conditions imposed by this chapter and the franchise.
(e) If the Council determines that the grantee's performance has been satisfactory, in accordance with the terms and conditions imposed by this chapter and the franchise, the Council may renew the grantee's franchise for a period up to ten years. The Village shall have the right to recoup from the grantee those direct expenses above normal administrative costs incurred pursuant to renewal of the franchise.
(f) If the Council determines that the performance of the grantee has not been satisfactory, under the terms and conditions imposed by this chapter and the franchise, it shall have the right not to renew the franchise. (Ord. 16-80. Passed 5-20-80.)