(A) If a preliminary assessment is made that a franchise should not be renewed at the request of the franchisee or on its own initiative, the city must commence an administrative proceeding in accordance with § 626(c) of the Cable Act, 47 U.S.C. § 546(c).
(B) Any administrative proceeding pursuant to division (A) of this section shall be initiated by a hearing order which establishes the issues to be addressed in the hearing and the procedures to be followed and appoints a presiding officer for the hearing. Upon the completion of the hearing, the presiding officer shall issue a recommended decision. Parties to the hearing and the public shall have 30 calendar days to comment on the recommended decision after its issuance.
(C) Based on the recommended decision, the comment and arguments presented, and other evidence of record, the Council, following a public hearing, shall make a final determination on whether to grant or deny the renewal application. The city may not base a denial on a failure to substantially comply with the material terms of a franchise unless the city has provided notice to the franchisee of the violation(s) and given it an opportunity to cure. The Council shall issue a written decision setting forth the reasons for its decision.
(Ord. 96-9, passed 2-26-1996)