4-280-050 Franchise – Initial applications.

   A.   After receiving applications for an initial cable system franchise, the council, after considering the legal, financial, technical and character qualifications of the applicants and the public interest, may grant one or more nonexclusive franchises creating a right to construct and operate a cable system within the public ways of the city; provided, however, no provision of this chapter shall be deemed or construed as to require the city to grant a franchise.

   B.   The application for an initial cable system franchise shall be submitted to the council or its designee on a written form included in the request for proposals furnished by the city and in accordance with procedures and schedules to be established by the city. The application form may request facts and information the city deems appropriate. Applications shall be accompanied by a nonrefundable application fee in an amount determined by the city, which amount shall be used by the city to offset direct expenses incurred in the franchising and evaluation procedures, including, but not limited to, staff time and consulting assistance.

   C.   An applicant (grantee) to whom the council grants an initial nonexclusive cable system franchise shall, in addition to the nonrefundable fee specified hereinabove, pay to the city at the time the grantee files the written instrument specified hereinafter, an amount to be determined by the cable administrator to be used to offset all direct, reasonable costs incurred by the city in granting the franchise not defrayed by fees forthcoming from the provisions of subsection B of this section.

(Prior code § 113.1-5; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

ARTICLE IV. FRANCHISE CONDITIONS (4-280-060 et seq.)

4-280-060 Term and nonexclusivity.

   A.   The term of an original franchise shall be up to 15 years from the date the franchise is accepted by a grantee. The term of a renewed franchise shall be no more than fifteen years. No franchise granted pursuant to this chapter shall give any exclusive right to a grantee and every such franchise shall be deemed to reserve the right to grant other franchises to use and occupy the public ways of the city for cable service or any other purpose on such terms as the city may then deem appropriate.

(Prior code § 113.1-6; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

4-280-070 Notice to grantee.

   A.   Except as otherwise provided in this chapter, the city shall not take any final action involving the revocation or termination of the grantee's franchise unless the city has:

      (1)   Advised the grantee in writing, at least 30 days prior to the meeting at which such action shall take place, as to its time, place and purpose; and

      (2)   Published a notice, at least once, ten days before the meeting on the City's website or in a newspaper of general circulation within the city.

(Prior code § 113.1-7; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

4-280-080 Review and modification.

   A.   It shall be the policy of the city to amend a 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 city to make any amendment. Further, within the term of the franchise, either upon the request of the mayor, the cable administrator, or upon its own motion, the council may adopt a resolution setting forth the time and the place of a special council meeting, the purpose of which will be to consider system performance, system design modifications and the possible need for the adoption of reasonable and appropriate modifications in a franchise of a nature that would not result in effectively terminating same.

(Prior code § 113.1-8; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

4-280-090 Performance evaluation sessions.

   A.   Upon 90 days advance written notice, the cable administrator may require a grantee to participate in performance evaluation sessions.

   B.   Evaluation sessions may be held at any time during the term of the franchise.

   C.   All evaluation sessions shall be open to the public and announced by the city in accordance with the public notice requirements of Section 4-280-070. Grantee shall notify subscribers of all evaluation sessions by announcements on appropriate channel(s) on the system as determined by the cable administrator, commission, between the hours of 7:00 a.m. and 9:00 p.m. for five consecutive days preceding each session.

   D.   Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to, service rate structures, franchise fees, penalties, free or discounted services, applications of new technologies, system performance, services provided, programming offered, customer complaints, privacy amendments to this chapter, judicial and FCC rulings, line extension policies and grantee or city rules.

   E.   During a review and evaluation by the city, the grantee shall fully cooperate with the city and shall provide such information and documents as the cable administrator may need to reasonably perform the its review.

   F.   If at any time during a review and evaluation by the city, the cable administrator determines that reasonable evidence exists of inadequate cable system performance, the city may require a grantee to perform tests and analyses directed toward the suspected inadequacies. The grantee shall fully cooperate with the cable administrator in performing such testing and shall prepare results and a report if requested within 30 days after notice. Such report shall include the following information:

      1.   The nature of the complaint or problem which precipitated the special tests;

      2.   What system component was tested;

      3.   The equipment used and procedures employed in testing;

      4.   The method, if any, in which such complaint or problem was resolved;

      5.   Any other information pertinent to said tests and analyses which may be required;

      6.   The cable administrator may require the test to be supervised at grantee's expense by a professional engineer not on the permanent staff of the grantee, to be approved by the cable administrator. The engineer shall sign all records of special tests and forward to the commission such records with a report interpreting the results of the test and recommending actions to be taken.

   G.   The city's right under this section shall be limited to requiring tests, analysis and reports covering specific subjects and characteristics based on said complaints or other evidence when and under such circumstances as the cable administrator has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard cable service.

(Prior code § 113.1-9; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1; Amend Coun. J. 11-8-12, p. 38872, § 131)

4-280-100 Renewal.

   A.   To the extent required by federal law, requests for franchise renewal will be received and reviewed by the city in a manner consistent with Title VI of the Federal Communications Act of 1934. 47 U.S.C. § 546, as amended, and any implementing regulations.

   B.   A grantee may submit to the cable administrator an informal proposal for renewal of a franchise, pursuant to 47 U.S.C. § 546(h). Such an informal proposal may be submitted at any time during the term of a franchise and the city may, after affording the public adequate notice and opportunity for comment, grant or deny such informal proposal at any time (including after proceedings have been commenced in accordance with 47 U.S.C. § 546(a)). An informal application for renewal may be denied by the city for any reason.

   C.   If the council determines that a grantee has been in reasonable compliance with the terms and conditions imposed by this chapter and the franchise, the council may, by ordinance, renew the grantee's franchise, with any modifications it deems reasonable, for a period of time not inconsistent with the provisions of Section 4-280-060 of this chapter.

   D.   The council may determine not to renew a franchise in accordance with 47 U.S.C. § 546.

   E.   To the extent permitted by existing law, the city shall have the right to recoup from a grantee all direct expenses incurred pursuant to its consideration of renewal of the franchise whether or not the franchise is renewed.

(Prior code § 113.1-10; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)