§ 114.066  FRANCHISE RENEWAL.
   (A)   Renewal not required. Unless otherwise required by federal law or FCC rules, nothing in any franchise agreement shall require renewal of a franchise by the grantor after the term of a franchise awarded hereunder has expired.
   (B)   Term. The renewal of any franchise shall be set by a franchise agreement but shall not be greater than ten years.
   (C)   Renewal procedure.
      (1)   A franchise renewal procedure may be established within a franchise awarded hereunder. A nonrefundable application fee established by the grantor in an amount necessary to cover the costs of processing the request for renewal may be imposed by the grantor.
      (2)   A franchise renewal application when filed shall be available for public inspection at places designated by the grantor. As provided within a franchise awarded hereunder, a public hearing may be held on the application where a grantee’s record of compliance with a franchise requirement, its record of satisfactory service, and the terms and conditions proposed for a franchise renewal period shall be reviewed.
      (3)   Following receipt of a request for renewal of a franchise granted hereunder, the grantor shall initiate a review process which shall determine a grantee’s past level of overall compliance with a franchise agreement, its level of services, its application of new technology, and cooperation with the grantor to best meet the community needs.
      (4)   At a time determined by the grantor, the grantee will be invited to provide a formal franchise renewal application. The application shall set forth in detail a franchisee’s legal, character, financial, and other pertinent qualifications sufficient to make a determination to renew or terminate such franchise.
      (5)   Based upon the above criteria, the grantor may, at its sole option, decide to renew a franchise awarded hereunder under appropriate terms and conditions, or not to renew a franchise awarded hereunder.
      (6)   If the grantor’s decision is not to renew a franchise, the grantor may initiate public solicitations for applications for a new franchise. The original grantee shall not be precluded from submitting such an application.
      (7)   In any renewal or public solicitation, the grantor may require additional services, system upgrade, or any other conditions it deems feasible and appropriate in the light of the state of the art of the cable communications industry at that time.
(2011 Code, § 14.08.070)