(A) Duration period. The duration of the rights, privileges, and authorizations hereby granted shall be no more than 15 years from the date the franchise is awarded. Renewal procedures shall be as set forth in Title VI of the Communications Act of 1934 (as from time to time in effect) and other applicable state or federal law. In the absence of such laws, the franchise may be renewed by the city upon application of the Grantee pursuant to the procedure established in division (B) of this section and in accordance with the then applicable law.
(B) Renewal procedures.
(1) At least 15 months prior to the expiration of the franchise, the Grantee shall inform the city in writing of its intent to seek renewal of the franchise and thereupon file with the city a proposal for services.
(2) After giving public notice, the city shall proceed to determine whether the Grantee has satisfactorily performed its obligations under the franchise. To determine satisfactory performance, the city shall consider technical developments and performance of the system, programming, other services offered, cost of services, and any other particular requirements set in the chapter; also, the city shall consider the Grantee's proposal and its annual reports made to the city and the FCC; industry performance on a national basis shall also be considered. Provision shall be made for public comment.
(3) A four-month period shall be provided to determine the Grantee's eligibility for renewal.
(4) The city shall then prepare within two months any amendments to this chapter that it believes necessary.
(5) If, based upon the Grantee's performance during this franchise term, the Grantee's new proposal, and report thereon, and the public hearings, the Council finds a renewal of the franchise with the Grantee is in the public interest, Council may enter into a renewal of the franchise with the Grantee under terms and conditions as are appropriate and for an additional term not to exceed 15 years.
(6) In the event the Grantee is determined by the city to have performed satisfactorily, new applicants may be sought and evaluated and a franchise award may be made by the city.
(‘83 Code, § 123.03) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96)