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(A) Franchise renewals shall be in accordance with applicable laws. The grantor and grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. To the extent consistent with applicable laws or permitted by a court of competent jurisdiction, a reasonable non-refundable renewal application fee in an amount established by the city may be required to accompany any renewal application.
(B) The application fee shall not be deemed to be “franchise fees” within the meaning of § 622 of the Cable Act (47 U.S.C. § 542), and the payments shall not be deemed to be:
(1) “Payments in kind” or any involuntary payments chargeable against the franchise fees to be paid to the city by the grantee pursuant hereto and applicable provisions of a franchise agreement; or
(2) Part of the franchise fees to be paid to the city by the grantee pursuant hereto and applicable provisions of a franchise agreement.
(Ord. 78, passed 10-13-1997)