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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)
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)
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)
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)
A. A franchise may be revoked by the city council whenever a grantee shall refuse, neglect or willfully fail to: 1) construct, operate or maintain its cable systems; 2) provide cable service to its subscribers in reasonable accordance with the terms of this chapter and the franchise; 3) comply with the conditions of occupancy of any public ways; 4) make required extensions of service; 5) substantially comply with the terms and conditions of this chapter, the franchise, or any applicable rule or regulation; 6) maintain its eligibility to do business with the City under Article I of Chapter 1-23 of this Code; or 7) pay franchise fees when due. A franchise may also be revoked by the city council whenever a grantee: 1) practices any fraud or deceit upon the city or its subscribers; 2) becomes insolvent, or unable or unwilling to pay its uncontested debts; 3) adjudged bankrupt, or seeks relief under the bankruptcy laws.
B. In the event the mayor or the cable administrator believes that grounds for revocation exist or have existed, the mayor or the cable administrator shall notify a grantee, in writing, setting forth the nature and facts of such noncompliance. If, within 30 days following such written notification, the grantee has not furnished reasonably satisfactory evidence that corrective action has been taken or is being actively and expeditiously pursued, or that the alleged violations did not occur, or that the alleged violations were beyond the grantee's control, the mayor or the cable administrator shall thereupon refer the matter to the council.
C. Upon referral from the mayor or the cable administrator or by its own motion, the council may revoke a franchise pursuant to subsection A of this section. Provided, however, that if grounds for revocation exist under Article I of Chapter 1-23 of this Code, the recommendation of the mayor or the cable administrator shall be required for the city council to take action on such grounds as required by Section 1-23-040.
D. The council shall not revoke a franchise pursuant to subsection C of this section, until it has given notice to the grantee that it proposes to take such an action and the grounds therefor. Further, the council shall not revoke a franchise until the grantee, or its representative, has had reasonable opportunity to be heard before the council and show that the proposed grounds for revocation did not or do not exist, as the case may be.
E. A grantee shall not be subject to the sanctions of this section for any act or omission wherein such act or omission was beyond the grantee's control. An act or omission shall not be deemed to be beyond a grantee's control if committed, omitted, or caused by a corporation or other business entity which holds a controlling interest in the grantee, whether held directly or indirectly. Further, the inability of a grantee to obtain financing for whatever reason shall not be an act or omission which is "beyond the grantee's control".
F. Upon revocation of a franchise the grantee shall be obligated to cease using the cable system for the purposes authorized by the franchise. The city may either take temporary possession of some or all of the grantee's facilities in the public ways, effect the transfer of ownership of the cable system to the city or another person subject to and in accordance with federal law, or require the grantee to remove some or all of the grantee's facilities from the public ways and restore the public ways to the condition required by applicable provisions of the city code and city regulations. Should the grantee neglect, refuse, or fail to remove such facility, the city may remove the facility at the expense of the grantee. The obligation of the grantee to remove shall survive the termination of the franchise for a period of two years; provided, that this provision does not permit the city to take possession of, or require the grantee to remove, any facilities that are used to provide another service for which the grantee holds a valid franchise issued by the city or for which grantee is otherwise authorized by existing law to provide in the city.
G. The termination of a grantee's rights under a franchise shall in no way affect any other rights the city may have under the franchise or under any provision of law.
(Prior code § 113.1-11; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 6-30-10, p. 95061, § 5; Amend Coun. J. 9-8-10, p. 99116, § 5; Amend Coun. J. 4-24-12, p. 23998, § 1)
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