(A) Renewal applications. A franchisee that desires to renew its franchise under this chapter shall, not more than 240 days, nor less than 150 days before expiration of the current franchise, file an application with the Town for renewal of its franchise which shall include the following information:
(1) The information required pursuant to § 117.021;
(2) Any information required pursuant to the franchise agreement between the Town and the franchisee.
(`83 Code, § 13-723)
(B) Renewal determinations. Within 150 days after receiving a complete renewal application under § 117.021, the Town shall issue a written determination granting or denying the renewal application, in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal. Reasons for nonrenewal will include all those allowed under applicable law, but are not limited to:
(1) The financial and technical ability of the applicant;
(2) The legal ability of the applicant;
(3) The continuing capacity of the streets to accommodate the applicant’s existing facilities;
(4) The applicant’s compliance with the requirements of this chapter and the franchise agreement;
(5) Applicable federal, state and local telecommunications laws, rules and policies;
(6) Such other factors as may demonstrate that the continued grant to use the streets will serve the community interest.
(`83 Code, § 13-724)
(C) Obligation to cure as a condition of renewal. No franchise shall be renewed until any ongoing violations or defaults in the franchisee’s performance of the franchise agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the franchisee has been approved by the Town.
(`83 Code, § 13-725) (Ord. 00-20, passed 9-11-00)