(A) Any franchise granted under this chapter may be renewed by the city upon application of the license pursuant to the procedure established in subsections (B) and (C) below, and in accordance with the then applicable law.
(B) Except by mutual agreement of the city and the licensee, no earlier than two years and not less than 18 months prior to the expiration date of the franchise, the licensee may submit an application for renewal to the city. At that time, after giving due public notice, the city shall review the provisions of the franchise and shall evaluate the performance of the licensee, including but not limited to the results of the system performance and periodic review and evaluation sessions. In making this evaluation, the city shall consider relevant factors, including, but not limited to, the following:
(1) Technical development and performance of the licensee’s cable system as required by the franchise agreement;
(2) Programming;
(3) Additional services reasonably offered by the licensee;
(4) Cost of service;
(5) All obligations of the licensee as prescribed in the franchise;
(6) Cable industry performance nationwide; and
(7) Comments from residents and representatives of community organizations submitted in manner to be determined by the city.
(C) After holding a public hearing, the city shall take such actions as it deems appropriate, which may include any of the following.
(1) If the city finds the licensee’s performance satisfactory, a franchise renewal may be granted pursuant to this chapter as amended, for an additional period of up to 25 years. Subsequent renewal for up to 25-year periods may be applied for by the grantee in accordance with the procedure outlined in this section.
(2) In the event the licensee is determined by the city to have performed unsatisfactorily, new applications may be sought and evaluated and a franchise awarded in accordance with franchising procedures then in force.
(3) The city may direct the licensee to remove and dismantle its system at the licensee’s cost.
(4) Absent a timely request from the licensee to renew the franchise, the franchise shall terminate at the end of its initial or any renewal term.
(5) The city may take such other action as allowed by law which, in its sole discretion, it shall deem appropriate.
(2005 Code, § 13-503)