(A) To the extent applicable, current federal procedures and standards pursuant to 47 U.S.C. § 546 shall govern the renewal of any franchise awarded by the approval and passage of this chapter.
(B) In the event that any or all of the applicable provisions of federal law are repealed or otherwise modified, and to the full extent consistent with such applicable provisions then in effect, the following section(s) shall apply:
(1) At least 30 months prior to the expiration of the franchise, the grantee shall notify the Municipality in writing of its intent to seek renewal of the franchise.
(2) The grantee shall submit a written proposal for renewal which demonstrates:
(a) That it has been and continues to be in substantial compliance with the terms, conditions, and limitations of this chapter, as amended from time to time, and its franchise;
(b) That its system has been installed, constructed, maintained and operated in accordance with the accepted standards of the industry, and this chapter, as amended from time to time, and its franchise;
(c) That it has the legal, technical, financial, and other qualifications as set forth in this chapter or a franchise agreement, to provide the services, facilities, and equipment set forth in its proposal; and
(d) That it has made a good faith effort to provide services and facilities which accommodate the demonstrated needs and interests of the community as may be reasonably ascertained by the Municipality, with public input; and that it has made a good faith effort to maintain, operate, and extend its system as the state of the art progresses so as to assure its subscribers high quality service, balanced against the costs of such needs and interests.
(3) The Municipality shall proceed to determine whether the grantee has satisfactorily performed its obligations under the franchise. To determine satisfactory performance, the Municipality shall consider all relevant criteria, including, but not limited to, technical developments, performance of the system and the quality of the operator's service, including signal quality, response to customer complaints, billing practices, and the level of cable services or other services provided over the system. The Municipality shall also consider the grantee's reports made to the Municipality and to the FCC, and the Municipality may require the grantee to make available specified records, documents, and information for this purpose, and may inquire specifically whether the grantee will supply services sufficient to meet community needs and interests in light of the costs of such needs and interests. Provision shall be made for public comment with adequate prior notice of at least ten days.
(4) The Municipality shall then prepare any amendments to this chapter and the franchise that it believes necessary.
(5) In the event that the Municipality finds the grantee's performance satisfactory, and finds the grantee's technical, legal, and financial abilities acceptable, and finds the grantee's renewal proposal meets the future cable-related needs of the community, balanced against the costs of meeting these needs and interests, a new franchise shall be granted pursuant to this chapter as amended for a period to be determined by the Municipality.
(6) In the event that the grantee is determined by the Municipality to have performed unsatisfactorily, new applicants may be sought and evaluated and a franchise award shall be made by the Municipality according to franchising procedures adopted by the Municipality.
(Ord. 767, passed 4-25-00)