In the event that any or all of the above-referenced provisions of federal law are repealed, the following relevant section(s) shall apply.
(A) At least 24 months prior to the expiration of the franchise, the grantee shall inform the village in writing of its intent to seek renewal of the franchise.
(B) The grantee shall submit a proposal for renewal which demonstrates:
(1) It has been and continues to be in substantial compliance with the material terms, conditions and limitations of this subchapter and its franchise;
(2) Its system has been installed, constructed, maintained and operated in accordance with the accepted standards of the industry, and this subchapter and its franchise;
(3) It has the legal, technical, financial and other qualifications to provide the facilities, services and equipment set forth in its proposal; and
(4) It has made a good faith effort to provide services and facilities which accommodate the demonstrated needs of the community as may be reasonably ascertained by the village through a public process.
(C) After giving public notice, the village shall proceed to determine whether the grantee has satisfactorily performed its obligations under the franchise. To determine satisfactory performance, the village shall consider technical developments and performance of the system, programming, other services offered, cost of services and any other particular requirements set forth in this subchapter. The village shall also consider the grantee’s reports made to the village and to the FCC, and the village may require the grantee to make available specified records, documents and information for this purpose, and may inquire specifically whether the grantee will supply services sufficient to meet community needs and interests. Industry performance on a national basis shall also be considered. Provision shall be made for public comment with adequate prior notice of at least ten days.
(D) The village shall then prepare any amendments to this subchapter that it believes necessary.
(E) If the village finds the grantee’s performance satisfactory, and finds the grantee’s technical, legal and financial abilities acceptable, and finds the grantee’s renewal proposal meets the future cable-related needs of the village, a new franchise may be granted pursuant to this subchapter, as amended, for a period to be determined.
(F) If the grantee is determined by the village to have performed unsatisfactorily, new applicants may be sought and evaluated, and a franchise award shall be made by the village according to franchising procedures adopted by the village.
(2000 Code, § 113.08) (Ord. 1678, passed 7-21-1997)