Pursuant to 47 U.S.C. § 546, the following procedure shall apply.
(A) The village may, on its own initiative, during the six-month period which begins with the thirty-sixth month before the franchise expiration, commence a proceeding which affords the public in the village appropriate notice and participation for the purpose of identifying the future cable-related community needs and interests and reviewing the performance of the grantee under the franchise. If the grantee submits, during such six-month period, a written renewal notice requesting the commencement of such proceeding, the village shall commence such proceeding not later than six months after the date such notice is submitted.
(B) Upon completion of the proceeding under division (A) above, the grantee may, on its own initiative or at the request of the village, submit a proposal for renewal. The village may establish a date by which such proposal shall be submitted.
(C) Upon submittal by the grantee of a proposal to the village for the renewal of the franchise, the village shall provide prompt, public notice of such proposal and 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.
(D) The village shall consider in any administrative proceeding whether:
(1) The grantee has substantially complied with material terms of the existing franchise and with applicable law;
(2) The quality of the grantee’s service, including signal quality, response to consumer complaints and billing practices, but without regard to the mix or quality of cable services or other services provided over the system, has been reasonable in the light of community needs;
(3) The grantee has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the grantee’s proposal; and
(4) The grantee’s proposal is reasonable to meet the future cable-related community needs and interests, taking into account the costs of meeting such needs and interests.
(E) In any proceeding under division (D) above, the grantee shall be afforded adequate notice and the grantee and the village, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceedings under division (A) above), to require the production of evidence and to question witnesses. A transcript shall be made of any such proceeding.
(F) At the completion of a proceeding under division (D) above, the village 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.
(G) Any denial of a proposal for renewal that has been submitted in compliance with the procedures set forth above, shall be based on one or more adverse findings made with respect to the factors described at divisions (D)(1) through (D)(4) above pursuant to the record of the proceeding under said division (D) above. The village may not base a denial of renewal on a failure to substantially comply with the material terms of the franchise or on events considered under division (D)(2) above unless the village has provided the grantee with notice and the opportunity to cure or in any case in which it is documented that the village has waived its right to object.
(H) The grantee may appeal any final decision or failure of the village to act in accordance with the procedural requirements of this section. The court shall grant appropriate relief if the court finds that any action of the village is not in compliance with the procedural requirements of this section; or in the event of a final decision of the village denying the renewal proposal, the grantee has demonstrated that the adverse finding of the village with respect to each of the factors described in divisions (D)(1) through (D)(4) above on which the denial is based is not supported by a preponderance of the evidence, based on the record of the administrative proceeding.
(2000 Code, § 113.07) (Ord. 1678, passed 7-21-1997)