(A) A franchise may be renewed by the Town in accordance with the procedures delineated in 47 USC 546 or other applicable statutory requirements.
(B) In the absence of statutory requirements:
(1) At least 24 months prior to the expiration of its franchise, a company shall inform the Town in writing of its intent to seek renewal of the franchise;
(2) Such company shall submit a renewal proposal which demonstrates:
(a) That it has been and continues to be in substantial compliance with the terms, conditions and limitations of this chapter 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 and its franchise;
(c) That it has the legal, technical, financial and other qualifications to continue to maintain and operate its system and to improve the same as the state of art progresses so as to assure its subscribers high quality service; and
(d) That has made a good faith effort to provide services and facilities which accommodate and will accommodate the demonstrated needs of the Town and its residents as may be reasonably ascertained by the Town.
(3) After giving public notice, as defined in § 118.33, the Town shall proceed to determine whether the company has met the requirements of the foregoing section of this chapter. In making this determination, the Town shall consider technical developments and performance of the system, programming and other services offered, cost of services and any other particular requirements set out in this chapter. Also, the Town shall consider a company’s reports made to the Town and the FCC, may require a company to make available specified records, documents and information for this purpose and may inquire specifically whether a company will supply services sufficient to meet community needs and interests. Industry performance on a national basis shall also be considered. Provision shall be made for public comment.
(4) The Town shall then adopt any amendments to this chapter that it considers necessary.
(5) If the Town finds the company’s performance satisfies the renewal requirements as set out in statutory requirements or, in lieu thereof, satisfies the four criteria outlined above in division (B), a new franchise shall be granted pursuant to this chapter, as amended.
(6) If a company is determined by the Town not to have satisfied the criteria described in division (B), new applicants shall be sought and evaluated and a franchise award shall be granted by the Town according to this chapter.
(`83 Code, § 13-507)