(A) On or about the fifth, tenth, and fifteenth anniversaries of the effective date of the franchise grant, the village will schedule and hold a public meeting with the grantee to review the performance by the grantee under the franchise, including future plans of operation and performance. In particular, the village may inquire whether the grantee is supplying a level and variety of services equivalent to those being generally offered at that time in the industry to comparable market situations. The grantee shall make available to the village, if requested by the village, such records, documents, and information which are relevant to such meeting and inquiry.
(B) The Council shall not hold any meeting involving the review, renewal, cancellation, or expiration of the grantee's franchise unless the Village Manager has advised the grantee in writing, at least 30 days prior to such meeting, as to its time, place, and purpose; and published a notice, at least once, ten days before the meeting in a newspaper of general circulation within the village.
(C) It shall be the policy of the village to amend this franchise on application of the grantee, when necessary to enable the grantee to take advantage of advancements in the state-of-the-art which will afford it an opportunity to more effectively, efficiently, or economically serve its subscribers. However, this section shall not be construed to require the village to make any amendment. This franchise may be amended at any time in order to conform with the applicable federal law and FCC rulings after notice and public hearing.
(D) The Council shall hold a public hearing prior to the franchise expiration date, the purpose of which will be to review the grantee's performance during the entire term of its franchise, to consider the adequacy of the franchise from the standpoint of the village, the grantee, and the Federal Communications Commission rules for cable television, and to determine the advisability of renewing the grantee's franchise for a period of 15 years.
(E) The village shall hear any interested persons during the meeting and shall determine whether or not the grantee did reasonably comply with the terms and conditions imposed by this chapter and the franchise.
(F) If the village determines that the grantee's performance has been satisfactory in accordance with the terms and conditions imposed by this chapter and the franchise, the Board shall renew the grantee's franchise for a period of 15 years in which event the village shall modify this chapter and the franchise to bring them into compliance with the FCC rules for cable television. The village shall have the right to recoup from the grantee those direct expenses above normal administrative costs incurred pursuant to renewal of the franchise.
(G) If the village determines that the performance of the grantee has not been satisfactory under the terms and conditions imposed by this chapter and the franchise, it shall have the right not to renew the franchise in which event the village shall, on the expiration date of the franchise, select a new grantee, after a full public proceeding, and at the option of the village, such new grantee may be required to take the assets at fair market value.
(Ord. 79-O-20, passed 7-9-1979)