(A) If a franchisee decides to initiate a formal franchise renewal process in accordance with § 626(a) through (g) of the Cable Act, 47 U.S.C. § 546(a) through (g), it must notify the city within 30 to 36 months of the franchise expiration date. Upon the notification, or at the city's own initiative, the city must commence the following process, which process shall not be inconsistent with the Cable Act:
(1) The city shall review and evaluate the future cable-related community needs and interests and the franchisee's past performance. The review and evaluation process must provide appropriate notice and include opportunity for public comment.
(2) Immediately upon completion of the review and evaluation process, the city must notify the franchisee 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, which must be no earlier than 45 calendar days following the date of the notice. If the franchisee does not submit a renewal application by the specified date, it will be deemed not to be seeking renewal of its franchise.
(3) Upon receipt of the renewal application, the city shall publish notice of its receipt and may schedule one or more public meetings or implement other procedures under which comments from the public on the application may be received.
(B) In considering a renewal application, the city must consider whether:
(1) The franchisee has substantially complied with the material terms of the existing franchise and with applicable law;
(2) The quality of the franchisee's cable service, including signal quality, response to consumer complaints, and billing practices (but without regard to the mix, quality or level of cable service provided over the cable system has been reasonable in light of community needs;
(3) The franchisee has the financial, legal and technical ability to provide the services, facilities and equipment set forth in its proposal; and
(4) The franchisee'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) The Council shall hold at least one public hearing to consider the application. An advisory committee or a committee of the Council may make recommendations to the Council prior to its consideration, a copy of which recommendations shall be made available to the franchisee at least seven days in advance of the Council's consideration. Following the public hearing on the renewal application, the Council must either:
(1) Pass a resolution agreeing to renew the franchise, subject to the negotiation of a franchise agreement satisfactory to the city and the franchisee, or
(2) Pass a resolution that makes a preliminary assessment that the franchise should not be renewed.
(D) The Council's action under division (C) above must be taken within four months after the date of the submission of a renewal application in accordance with division (A)(2) above.
(E) If a preliminary assessment is made that a franchise should not be renewed, at the request of the franchisee or on its own initiative, the city must commence an administrative proceeding in accordance with § 626(c) of the Cable Act, 47 U.S.C. § 546(c).
(F) The city shall commence an administrative proceeding, initiated by a hearing order which establishes the issues to be addressed in the hearing and the procedures to be followed and appoints a presiding officer acceptable to the franchisee, who shall be unaffiliated with either the city or the franchisee, for the hearing. In any such hearing, the franchisee shall be provided adequate notice and the franchisee and city shall be afforded fair opportunity for full participation, including the right to introduce evidence, including evidence related to issues raised in the proceeding under division (A)(1) of this section, to require the production of evidence, and to question witnesses. A transcript shall be made of the hearing. Upon the completion of the hearing, the presiding officer shall issue a recommended written decision. Parties to the hearing and the public shall have 30 calendar days to comment on the recommended decision after its issuance.
(G) Based on the recommended decision, the comment and arguments presented, and other evidence of record, the Council, following a public hearing, shall make a final determination on whether to grant or deny the renewal application. The Council shall issue a written decision setting forth the reasons for its decision. Any denial of a proposal for renewal shall be based upon one or more adverse findings made with respect to the factors described in divisions (B)(1) through (4) of this section, pursuant to the record under divisions (A) through (F) above. The city shall not base a denial of renewal on a failure to substantially comply with the material terms of the franchise or on events considered under division (B)(2) of this section in any case in which a violation of the franchise or the events considered under division (B)(2) of this section occur after the effective date of the Cable Communications Policy Act of 1984 unless the city has provided the franchisee with notice and the opportunity to cure, or in any case in which the city has waived its right to object, or has effectively acquiesced.
(H) The provisions of divisions (A) through (G) above notwithstanding, a franchisee may submit a proposal for renewal of a franchise in accordance with 47 U.S.C. § 546(h) at any time. The city must hold one or more public hearings or implement other procedures under which comments on the proposal from the public may be received. Following such public hearings or other procedures, the Council shall determine whether the franchise should be renewed and the terms and conditions of any renewal in making its determination, the Council shall not consider the pendency of any other application for a franchise. The denial of a renewal pursuant to this division shall not affect action on a renewal proposal that is submitted in accordance with divisions (A) through (G) above.
(I) Once the Council grants a renewal application, the city and the franchisee must agree on a franchise agreement, pursuant to the procedures specified in § 115.20 (E) through (J), before the renewal becomes effective.
(J) If renewal of a franchise is denied, the city may require the former franchisee to remove its facilities and equipment; provided, however, that, a franchisee may not be required to terminate or alter its cable service or remove its facilities and equipment until the franchisee's right to judicial review of the city's renewal decision has been exhausted. If the former franchisee fails to do so within a reasonable period of time, the city may have the removal done at the former franchisee's and/or surety's expense.
(1989 Code, § 115.24) (Ord. 1988, passed 11-9-1992)