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A. If a licensee initiates a formal license renewal process under subsections 626(a) through (g) of the cable act, the licensee must notify the city, at least thirty (30) months and no more than thirty six (36) months before the license expiration date. When the city receives a notice from the licensee, or at any time at the city's own initiative, the city must take the following actions:
1. The city must review and evaluate the future cable related community needs and interests and the licensee's past performance. The review and evaluation must include opportunity for public comment.
2. On completion of the review and evaluation, the city must notify the licensee that it may file a renewal application. The notice must specify the information to be included in the renewal application and the deadline for filing the application. The filing deadline must not be earlier than thirty (30) days after the date of the notice. If the licensee does not submit a renewal application by the specified date, the license may not be renewed under this subsection.
3. The city must hold one or more public hearings on the renewal application when the application is received or provide some other procedure for public comment on the application.
4. After the public hearing or comment period, the city manager must recommend to the council that it either:
a. Renew the license, subject to the negotiation of a license agreement satisfactory to the city and the licensee; or
b. Issue a preliminary decision that the license should not be renewed.
5. The council's action under subsection A4 of this section must be taken within four (4) months of the date of the renewal application notice to the licensee under subsection A2 of this section.
B. In considering a renewal application, the city must consider whether:
1. The cable operator has substantially complied with the material terms of the existing license and with applicable law;
2. The quality of the cable operator's service, including signal quality, response to consumer complaints, and billing practices has been reasonable in light of community needs (but without regard to the mix or quality of cable services or other services provided over the system);
3. The cable operator has the financial, legal, and technical ability to provide the services, facilities, and equipment in its proposal; and
4. The cable operator's proposal is reasonable to meet the future cable related community needs and interests, taking into account the cost of meeting the needs and interests.
C. If a preliminary decision is made that a license should not be renewed, at the request of the licensee or on its own initiative, the city must commence an administrative proceeding under section 626(c) of the cable act. Parties to the hearing and the public must have thirty (30) days after the recommended decision is issued to comment. The city manager must recommend that the council grant or deny an application within thirty (30) calendar days after the deadline for receipt of comments.
D. The council must hold a public hearing on a renewal application. After the public hearing, the council must consider all of the evidence, either grant or deny the renewal application by resolution, and give the reasons for its determination in the resolution.
E. The council must hold a public hearing on any negotiated license agreement prior to final council action on the license. This may be done in conjunction with the public hearing held under subsection D of this section.
F. Notwithstanding subsections A through C of this section, a licensee may submit a proposal for renewal of a license under 626(h) of the cable act. The city must hold one or more public hearing or provide some other procedure for public comment on the proposal. After the public hearing or comment period, the city manager must recommend that the council grant or deny the license renewal and the terms and conditions of any recommended renewal. A denial under this subsection shall not affect licensee's renewal rights under subsections 626(a) through (g) of the cable act.
G. The renewal of a license is not effective until the licensee has paid the renewal fee. The city must notify the licensee of the amount of the renewal fee.
H. If the city denies the renewal of a license, the city may, on the recommendation of the city manager and with the approval of the council, acquire ownership of the cable system or transfer ownership of the system to another person. Any acquisition or transfer under this subsection must be at fair market value, determined on the basis of the cable system valued as a going concern.
I. If the city does not renew a license and the city does not buy the cable system, the city may require the former licensee to remove its facilities and equipment. If the former licensee fails to do so within a reasonable period of time, the city may remove the facilities and equipment at the former licensee's or the surety's expense or at the expense of both. (Ord. 05-589, 5-23-2005)