(A) The term of an initial or renewal franchise may be for a period not to exceed 15 years from the date that a franchise renewal agreement is approved by the Council/franchising authority.
(B) If an initial franchise or renewal franchise is for a period of six years or less, then the franchise agreement shall detail the reasons for granting the shorter franchise term.
(C) The reasons for a franchise term of six years or less include, but are not limited to, the following:
(1) Multiple or repeated violations of the prior franchise agreement;
(2) Multiple or repeated violations of this chapter, or any mandated provisions of federal law or regulations;
(3) A continuing and documented pattern of substandard or non-responsive service;
(4) Reckless disregard for the safety and welfare of the citizens of the city;
(5) Failure to comply with any construction, rebuild, or upgrade schedule;
(6) Failure to timely pay in their entirety any franchise fees, taxes, or other charges due to the city; and
(7) Refusal to increase channel capacity and service to the level offered by any other MCS provider within a 100 mile radius of the city.
(D) The Council/franchising authority reserves the right to grant a franchised MCS provider a variable franchise term, wherein the initial or renewal term may be extended by up to three years, not to exceed 15 years total, upon the franchised MCS provider attaining an excellent rating during the course of a periodic performance evaluation.
(E) Should the highest court of the nation or state invalidate or void as unenforceable or unconstitutional the concept of a franchise or franchise duration, then the Council/franchising authority may adopt emergency rules and regulations in order to preserve and protect the rights and duties of both the Council/franchising authority and any franchised MCS provider. During the interim, the invalid franchise may be considered (unless prohibited by the state) and interpreted in the same manner and fashion as a business license. Upon the adoption of emergency rules, the Council/franchising authority should enter into a new agreement which describes under which terms and conditions of the franchised MCS provider's system may be reviewed and examined, and under what circumstances may a franchised MCS provider forfeit its right to operate a multi-channel system within all or part of the city.
(Ord. 4-1994-20, passed 4-12-94)