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(A) Force and effect. The franchise granted under this chapter shall take effect and be in force from and after final passage of a franchise ordinance as provided by law, and shall extend for a period of 15 years.
(B) Renewal of franchise.
(1) Notice of grantee’s desire to renew. The city may decide that the franchise granted pursuant to this chapter should be renewed or extended, if the grantee applies to the city 12 months prior to the expiration of the franchise ordinance or any renewals thereof. Failure to make such a timely application shall be cause for the forfeiture of renewal and extension rights hereunder, unless otherwise waived by the city.
(2) Renewal applications. The grantee’s renewal application, when filed, shall demonstrate the following:
(a) That it has been and continues to be in substantial compliance with the terms, conditions, and limitations of this chapter;
(b) That its system has been installed, constructed, maintained, and operated in accordance with the accepted standards of the industry and this chapter;
(c) That it has the character, legal, technical, financial, and other qualifications then required by federal, state, or local law to continue to maintain and operate its system, and to extend the same as the state of the art progresses so as to assure its subscribers of high quality service; and
(d) That it has made a good faith effort to provide services and facilities which accommodate the demonstrated needs of subscribers as reasonably ascertained by the city, provided, however, that the grantee shall have no obligation to have provided services, beyond those contemplated in § 725.08 or which have been freely offered in the grantee’s official proposal, which adversely impact the economic viability of the system.
(a) Within 90 days of the receipt of such application, the city shall, following appropriate public notice, hold a public hearing affording due process on the grantee’s application at which interested parties, including the grantee, shall be afforded an opportunity to present oral or written comments.
(b) Council shall report its findings by written resolution within 90 days of such public hearing and indicate that it:
1. Has found that the public interest is no longer served by the continuation of the system’s communications services within the city, and therefore has decided that any such services should not be enfranchised within the city limits during the year succeeding the date of the grantee’s termination of service; or
2. Has found that the grantee has substantially failed to meet the criteria for renewal established in § 725.04(B)(2), and therefore has decided that the grantee’s renewal application should be denied; or
3. Has found that the grantee has substantially met the criteria established in § 725.04(B)(2), except where prevented by conditions beyond its reasonable control, and therefore has decided that the franchise should be renewed.
(4) Continuity of service. Notwithstanding any other provisions of this chapter, including its possible expiration, the grantee shall be obliged and entitled to continue to operate its system until 60 days after the city’s final action pursuant to this section.
(5) Removal of facilities in the event of nonrenewal. In the event that the city’s decision is not to renew this franchise, the city may require the grantee to continue operations for a period not to exceed 12 months from the date of the city’s decision. In the event of such nonrenewal, the grantee shall have two years from the date it ceases operation to remove, at its own expense, all portions of its system from all public ways within the city and to restore such public ways to a condition reasonably satisfactory to the city.
(Ord. 5258, passed 10-28-80) Penalty, see § 725.99