(A) If a licensee initiates a formal license renewal process under Section 626(a)—(g) of the Cable Act, the licensee must notify the town, at least 30 months and no more than 36 months before the license expiration date. When the town receives a notice from the licensee, or at any time at the town's own initiative, the town shall take the following actions:
(1) The town shall review and evaluate the future cable-related community needs and interests and the licensee's past performance. The review and evaluation shall include opportunity for public comment.
(2) On completion of the review and evaluation, the town shall notify the licensee that it may file a renewal application. The notice shall specify the information to be included in the renewal application and the deadline for filing the application. The filing deadline shall not be earlier than 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 town shall 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 Town Manager shall recommend to the council that it either:
(a) Renew the license, subject to the negotiation of a license agreement satisfactory to the town and the licensee; or
(b) Issue a preliminary decision that the license should not be renewed.
(5) The Council's action under division (A)(4) must be taken within four months of the date of the renewal application notice to the licensee under division (A)(2).
(B) In considering a renewal application, the town 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 town must commence an administrative proceeding under Section 626(c) of the Cable Act parties to the hearing and the public must have 30 days after the recommended decision is issued to comment. The Town Manager must recommend that the Council grant of deny an application within 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 division (D).
(F) Notwithstanding divisions (A) through (C) in this section, a licensee may submit a proposal for renewal of a license under Section 626(h) of the Cable Act. The town must hold one or more public hearings or provide some other procedure for public comment on the proposal. After the public hearing or comment period, the Town 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 division shall not affect licensee's renewal rights under Sections 626(a)—(g) of the Cable Act.
(G) The renewal of a license is not effective until the licensee has followed the renewal process and paid the renewal fee. The town shall notify the licensee of the amount of the renewal fee and procedures for renewal.
(H) If the town denies the renewal of a license, the town may, on the recommendation of the Town 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 division must be at fair market value, determined on the basis of the cable system valued as a going concern.
(I) If the town does not renew a license, the town has the option of:
(1) Purchasing the cable system;
(2) Requiring the license or surety to remove the facilities and equipment at the licensee or surety's expense; or
(3) Beginning condemnation proceedings and permit the facilities to remain until ownership has been determined or bond/ surety collected.
(J) If the components of the cable system in, on or above the town's rights-of-way are not removed within one year, the cable system will be considered abandoned and becomes the property of the town.
(Prior Code, Ch. 18, Art. V, § 18-321) (Ord. 343-04, passed 6-21-2004; Ord. 366-05, passed 3-7-2005)