In the absence of extraordinary circumstances, the County shall not approve any transfer or assignment of the Franchise prior to completion of initial construction of the Cable System. The County may decide to renew the Franchise granted under this Ordinance if the Grantee files a written request for such a renewal. At the time of such request, the County may update this Ordinance and reevaluate the needs of the community for Cable Service and the performance of the Grantee. Any renewal of the Franchise shall be in accordance with § 626 of the Cable Act (47 U.S.C. § 546), as amended, and the following:
1. To the extent applicable, the Cable Act shall govern the procedures and standards for renewal of any Franchise.
2. To the extent that the Cable Act is not applicable, the County, in its sole discretion and judgement, shall have the right to grant, deny or conditionally grant renewal of a Franchise.
3. The conditions that the County may place on its approval shall include, but are not limited to: reimbursement for expenses incurred in evaluating the request for renewal, updating this Ordinance and surveying community needs, remedy of historical or existing violations of County ordinances, this Ordinance and the Franchise Agreement, if any, payment of all monies and fines owed and payment of the County’s professional expenses, including, but not limited to, attorney’s fees incurred in processing and considering the renewal of the Franchise.
4. When the County approves a Franchise renewal, the Grantee shall accept the renewed Franchise under the procedures set out in § 5.28.070 of this Ordinance.
(Ord. O-200203-12-002, passed 3-5-2002)