A. During the six-month period which begins with the thirty- sixth month before the franchise expiration, the city may, on its own initiative, and shall at the request of a grantee, commence proceedings which afford the public in the franchise area appropriate notice and participation for the purpose of:
1. Identifying the future cable-related community needs and interests; and
2. Reviewing the performance of the cable operator under the franchise during, the then current franchise term presently in effect. The term of any such renewal shall commence from the effective date of the renewed franchise. The section does not confer upon the grantee any substantive or vested rights to renewal of the or vested rights to renewal of the franchise and the grantor is under no obligation to renew the franchise.
B. 1. Upon completion of the proceedings described under subsection A, a grantee seeking renewal of a franchise may, on its own initiative or at the request of the city, submit a proposal for renewal.
2. Any such proposal shall contain such material as the city may require, to include all matters specified in Section 5.20.260 and to include proposals for an upgrade of the existing cable system.
3. Such proposal for a renewal shall be submitted in writing to the city within thirty days following the completion of the proceedings under subsection A.
C. 1. Upon submittal by a grantee of a proposal to the city for the renewal of a franchise, the city shall provide prompt public notice of such proposal and, during the four-month period which begins on the completion of any proceedings under subsection A, renew the franchise or issue a preliminary assessment that the franchise should not be renewed, and at the request of grantee or on its own initiative, commence an administrative proceeding to consider whether:
a. The grantee has substantially complied with the material terms of the existing franchise and with applicable law;
b. The quality of the grantee's service, including signal quality, response to consumer complaints, and billing practices (but without regard to the mix, quality, or level of cable services or other services provided over the system) has been reasonable in light of community needs;
c. The grantee has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the grantee's proposal; and
d. The grantee's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of such needs and interests.
2. In any proceeding under subsection (C) (1) of this section, the grantee shall be afforded at least ten days' notice by mail of any hearing (an initial hearing may thereafter be continued time to time without any further written notice) and the grantee and the city, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceeding under subsection A), to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceedings.
3. At the completion of a proceeding under this subsection, the city shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the grantee. Such decision shall state the reasons therefor.
D. Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in subsection (C) (1) (a) through (d) of this section, pursuant to the record of the proceeding under subsection C. The city may not base a denial of renewal on a failure to substantially comply with the terms of the franchise under subsection C. The city may not base a denial of renewal on a failure to substantially comply with the terms of the franchise under subsection (C) (1) (a) or on events considered under subsection (C) (1) (b) in any case in which a violation of the franchise or the events considered under subsection (C) (1) (b) unless the city has provided the grantee with notice and the opportunity to cure, or in any case in which it is documented that the grantee has waived its right to objection, or has effectively acquiesced.
E. No franchise granted pursuant to this chapter (or under any prior law) shall remain in effect beyond the length of its stated term, provided that any such franchise shall remain in effect at all times during which the city considers renewal of such franchise pursuant to subsection C of this section. In the event that the city denies renewal of the franchise, the franchise shall cease immediately if it has been in effect beyond the date of its stated term (and hence has remained in effect only while the city considers renewal), or it shall cease at such time as its stated term expires (in the event the city's denial of a renewal application occurs prior to the expiration of the franchise being considered for renewal). As such, the franchise shall terminate as specified in this subsection, notwithstanding the fact that an appeal from the decision of the city denying the franchise remains pending. Nothing in this subsection shall be deemed to limit the city's right to terminate any franchise as provided elsewhere in this chapter.
F. The term of any such renewal shall commence from the effective date of the renewed franchise. This section does not confer upon the grantee any substantive or vested rights to renewal of the franchise.
(Ord. 505 § 1(part), 1987).