(A) Upon the filing with franchise area by grantee of the written acceptance required herein, this franchise shall be in full force and effect for a term and period of 15 years commencing 30 days after its final passage and approval.
(B) If the franchise area is not satisfied that compliance has been achieved, or that good faith progress is being made toward compliance, it may schedule a public hearing to determine whether the franchise should be revoked. The grantee and the public shall be given at least 90-days' notice of the hearing and all interested parties shall be heard in open hearing. At the conclusion of the public hearing, the franchise area shall determine whether the franchise should be terminated and shall set forth, in writing, the facts and reasons upon which its decision is based.
(C) The County Council may hold a public hearing not less than 12 months prior to the expiration date of this franchise, the purpose of which will be to review grantee's performance during the entire term of its franchise, to consider, among other matters, the adequacy of this franchise, from the standpoint of the franchise area, grantee, and FCC's rules for cable television and to determine the advisability of renewing grantee's franchise for an additional period of years. The County Council may hear any interested persons during the hearings and may determine whether grantee did reasonably comply with the terms and conditions imposed by the franchise. If the County Council determines that the grantee's performance has been satisfactory in accordance with the terms and conditions imposed by this franchise, the County Council may, at its sole option, renew grantee's franchise for an additional 15-year period subject to the approval of the County Council.
(D) The grantee shall notify the franchise area in writing 18 months prior to the expiration date of grantee's request to renew or not to renew and at the same time grantee may request that a public hearing be held. However, at the time of the renewal request, all terms and conditions of this franchise shall be subject to review and change and the franchise area need not approve any renewal franchise unless there is mutual agreement at that time between the franchise area and grantee as to all the terms and provisions of the franchise renewal. However, renewal shall not be unreasonably denied. If this franchise is renewed by the franchise area, all of the terms and provisions contained herein shall be controlling during the renewal period, except to the extent that the terms and provisions are modified by the franchise area, or unless the franchise is superseded by a new franchise. Should the franchise area, for any reason, be unable to complete the renewal proceeding prior to expiration of this franchise, the grantee shall have the right to continue operation of this CATV system pursuant to the terms of this franchise until the time as the renewal proceeding is concluded. Should the franchise area deny any renewal of this franchise, the denial shall be accompanied by a written statement setting forth the reasons for the denial. The grantee shall have the right to request review of any denial by any court of competent jurisdiction.
(Prior Code, § 92.04) Ord. 966E, passed 2-22-1982; Ord. 1061A, passed 5-9-1989)