(a) To provide for technological, economic and regulatory changes in the state of the art of cable communications, to facilitate renewal procedures, to promote the maximum degree of flexibility in the CATV system and to achieve a continuing advanced, modern system for the City, the City and the grantee shall comply with the following review provisions:
(1) The City, at its sole discretion, may hold franchise or grantee performance review hearings upon resolution by the Council and thirty days public notice. All such review hearings shall be open to the public and notice shall be given by advertisement twice in a newspaper of general circulation at least one week before each session, at the sole expense of the grantee. In addition, the grantee shall announce the date and time of each such session on each of at least five days immediately preceding each session at a minimum of six regularly scheduled intervals daily on the CATV system.
(2) Topics for discussion and review at review hearings shall include, but shall not be limited to, services, rate structure, free or discounted services, the application of new technologies, system performance, services provided, programming, subscriber complaints, user complaints, rights of privacy, amendments to the franchise, underground processes and developments in the law. Either the City or the grantee may select additional topics for discussion at any regular or special review hearing.
(3) There shall be a review of capital funding for interconnections for schools, government access and other issues as set forth above, every five years, during the term of the franchise, for purposes of reviewing those items as set forth in paragraph (a)(2) hereof. Where there are disputes between the City and the grantee that cannot be resolved, the arbitration procedure outlined in Section 803.06(g)(6)A. shall be followed, except that the costs for such arbitration shall be borne equally between the City and the grantee.
(b) The procedure for considering the renewal or termination of a franchise shall be as follows:
(1) Pre-proposal procedure. During the six-month period which begins with the thirty- sixth month before the franchise expiration date, the City may, on its own initiative, and shall, at the request of the grantee, commence proceedings which shall afford the public in the City appropriate notice and participation for the purpose of identifying future cable-related community needs and interests and reviewing the performance of the grantee under the franchise during the then current franchise term. Upon completion of these proceedings, the grantee seeking renewal of the franchise may, on its own initiative or at the request of the City, submit a proposal for renewal.
(2) Information required. Any such proposal shall contain such material as the City may require, including proposals for an upgrade of the cable system. The City may establish a date by which such proposal shall be submitted.
(3) Post-proposal procedure. Upon submittal by a grantee of a proposal to the City, the City shall provide prompt public notice of such proposal and shall, during the four-month period which begins on the completion of any proceeding held pursuant to paragraph (b)(1) hereof, renew the franchise or issue a preliminary assessment that the franchise should not be renewed and, at the request of the grantee or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding to consider whether:
A. Compliance with the franchise. The grantee has substantially complied with the material terms of the existing franchise and applicable law.
B. Evaluation of service. The quality of the grantee's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix of programming, programming quality or the level of cable services or other services provided over the system, has been reasonable in light of community needs.
C. Capabilities of grantee. The grantee has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the grantee's proposal.
D. City's future needs. The grantee'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.
(4) Fair hearing; notice. In any proceeding under paragraph (b)(3) hereof, the grantee shall be afforded adequate notice, and the grantee and the City, or its designee shall be afforded a fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceedings held pursuant to paragraph (b)(1) hereof), to require the production of evidence and to question witnesses. A transcript shall be made of any such proceeding. At the completion of the proceeding, the Council 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.
(5) Denial of renewal. Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in paragraphs (b)(3)A. through D. hereof, pursuant to the record of the proceedings required in paragraph (b)(4) hereof. The Council may not base a denial of renewal on the factors described in paragraph (b)(3)A. or B. hereof without first providing the grantee with notice describing the infraction and providing the grantee a reasonable opportunity to correct the deficiency. The City is prohibited from denying a request for renewal in any case in which it is documented that the City has waived its right to object or has effectively acquiesced, unless this prohibition is changed or amended by the prevailing Federal or State law in effect during this renewal proceeding.
(6) Optional procedure. Notwithstanding the provisions of paragraphs (b)(1) through (5) hereof, a grantee may submit a proposal for open renewal of a franchise pursuant to this paragraph at any time, and the City may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings held pursuant to this section have commenced). The provisions of paragraphs (b)(1) through (5) hereof shall not apply to a decision to grant or deny a franchise renewal under this paragraph. The denial of a renewal pursuant to this paragraph shall not affect action on a renewal proposal that is submitted in accordance with paragraphs (b)(1) through (5) hereof.
(Ord. 615. Passed 9-5-95.)