(A) Proceedings. During the six-month period that begins with the thirty-sixth month before the expiration of an existing license, the town may, on its own initiative, and shall, at the request of the licensee, commence proceedings that afford the public 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 licensee under the license during the then current license term.
(B) Proposal.
(1) Upon completion of a proceeding under division (A) above, the licensee seeking a renewal license may, on its own initiative or at the request of the town, submit a proposal for renewal license.
(2) Subject to § 624 of the Cable Act, such proposal shall contain such material as the town may require, including proposals for an upgrade of the cable system.
(3) The town may establish a date by which such proposal shall be submitted.
(C) Renewal assessment.
(1) Upon submittal by the licensee of a proposal to the town for renewal license, the town shall provide prompt notice of such proposal for renewal license and, during the four-month period that begins on the completion of any proceedings under division (A) above, issue a renewal license or issue a preliminary assessment that the license should not be renewed and, at the request of the licensee or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding in accordance with division (C)(2) below to consider whether:
(a) The licensee has substantially complied with the material terms of the existing license and with applicable law;
(b) The quality of the licensee’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 cable system, has been reasonable in light of community needs;
(c) The licensee has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the licensee’s proposal; and
(d) The licensee’s proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests.
(2) In any proceeding under division (C)(1), the licensee shall be afforded adequate notice and the licensee and the licensor 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) above), require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding.
(3) At the completion of a proceeding under this division (C), the town shall issue a written decision granting or denying the proposal for renewal license based upon the record of such proceeding, and transmit a copy of such decision to the licensee. Such decision shall state the reasons therefor.
(D) Denial. Any denial of a proposal for renewal license shall be based on one or more adverse findings made with respect to the factors described in divisions (C)(1)(a) through (C)(1)(d) above, pursuant to the record of the proceeding under division (C) above. The town may not base a denial of a renewal license on a failure to substantially comply with the material terms of the license under division (C)(1)(a) or on events considered under division (C)(1)(b) unless the town has provided the licensee with notice and the opportunity to cure, or in any case in which it is documented that the town has waived its right to object, or has effectively acquiesced.
(E) Appeal. Any licensee whose proposal for renewal license has been denied by a final decision of the town made pursuant to this chapter, or has been adversely affected by a failure of the town to act in accordance with the procedural requirements of this chapter, may appeal such final decision or failure pursuant to the provisions of §§ 626 and 635 of the Cable Act.
(F) Informal process. Notwithstanding the provisions of divisions (A) through (E) above, the licensee may submit a proposal for renewal license, together with the required fee, pursuant to this division (F) at any time, and the town may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced). The provisions of divisions (A) through (E) above shall not apply to a decision to grant or deny a proposal under this division (F). The denial of a renewal license pursuant to this division (F) shall not affect action on a proposal for renewal license that is submitted in accordance with divisions (A) through (E) above.
(Ord. 2003-07, passed 9-25-2003)