§ 11.21.400 CABLE FRANCHISE RENEWALS; PROCEDURE.
   A.   If the provisions of 47 USC 546(a)-(g) are properly invoked, the City may:
      1.   Conduct a proceeding to review the grantee's past performance and identify future cable-related community needs and interests;
      2.   Issue an Request for Proposal (RFP);
      3.   Establish deadlines, which deadlines will not be less than forty-five (45) days after issuing the RFP, and procedures for responding to the RFP;
      4.   Provide public notice and opportunity to comment after grantee submits a renewal proposal;
      5.   Seek additional information from the grantee, related to the City's evaluation of the proposal given the standards for review of that proposal under applicable law;
      6.   Establish deadlines, which deadlines will not be less than twenty (20) days after issuing the request, for submitting additional information; and
      7.   After receiving the application responding to the RFP, and any additional information required, the City Council may determine, by resolution, that the cable franchise should be renewed, or make a preliminary assessment that the cable franchise should not be renewed.
   B.   If the City Council preliminarily decides that the cable franchise should not be renewed, and the grantee notifies the City, either in its RFP response or within thirty (30) business days of the preliminary decision, that it wishes to pursue any rights to an administrative proceeding it has under the Cable Act, then the City will commence an administrative proceeding after providing prompt public notice thereof, in accordance with the Cable Act.
   C.   If, following negotiations, the City Council preliminarily decides to grant renewal:
      1.   The City will prepare a proposed franchise agreement that incorporates, as appropriate, the commitments made by the grantee in the application.
      2.   If the grantee concurs in the proposed agreement, it will be agendized for additional City Council action. If adopted by the City Council, the cable franchise will be renewed and approved by Council resolution.
      3.   If the cable franchise grant is not accepted and ratified within the time limits established by 47 USC 546(c)(1), then renewal is deemed preliminarily denied, and an administrative proceeding will be commenced if the grantee requests it within thirty (30) business days of the expiration of the time limit established by 47 USC 546(c)(1), unless the time limit is extended by mutual agreement of the City and the grantee.
   D.   If an administrative hearing is commenced pursuant to 47 USC 546(c), the grantee's application will be evaluated considering such matters as may be considered consistent with applicable law.
   E.   The grantee is not prohibited from submitting an informal renewal application pursuant to 47 USC 546(h), which application may be granted or denied in accordance with the provisions of 47 USC 546(h).
(Ord. No. 2001-014 § 2)