A. Renewal Procedure: Franchise renewal shall be prescribed by applicable law. Village and company by mutual consent may enter into informal renewal negotiations at any time during the term of the franchise. Pursuant to 47 USC section 546, the following procedure shall apply:
1. The village may, on its own initiative, during the six (6) 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: a) identifying the future cable related community needs and interests, and b) reviewing the performance of the grantee under the franchise. If the grantee submits, during such six (6) month period, a written renewal notice requesting the commencement of such proceeding, the village shall commence such proceeding not later than six (6) months after the date such notice is submitted.
2. Upon completion of the proceeding under subsection A1 of this section, 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.
3. 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.
4. The village shall consider in any administrative proceeding whether: a) the grantee has substantially complied with material terms of the existing franchise and with applicable law; b) 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; c) 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 d) 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.
5. In any proceeding under subsection A4 of this section, 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 subsection A1 of this section), to require the production of evidence and to question witnesses. A transcript shall be made of any such proceeding.
6. At the completion of a proceeding under subsection A4 of this section, 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.
7. 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 subsection A4 of this section pursuant to the record of the proceeding under said subsection. 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 subsection A4 of this section 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.
8. 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: a) any action of the village is not in compliance with the procedural requirements of this section; or b) 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 subsection A4 of this section on which the denial is based is not supported by a preponderance of the evidence, based on the record of the administrative proceeding.
B. Renewal In Event Of Change In Federal Law: In the event that any or all of the above referenced provisions of federal law are repealed, the following relevant subsection(s) shall apply unless superseded by new law:
1. At least twenty four (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.
2. The grantee shall submit a proposal for renewal which demonstrates:
a. That it has been and continues to be in substantial compliance with the terms, conditions, and limitations of its franchise;
b. That its system has been installed, constructed, maintained and operated in accordance with its franchise;
c. That it has the legal, technical, financial, and other qualifications to continue to maintain and operate its system, and so as to assure its subscribers high quality service; and
d. That it has made a good faith effort to provide services and facilities which accommodate the cable related needs of the community as may be reasonably ascertained through findings of fact given due consideration to the cost of meeting such needs by the village.
3. 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, mix, quality and level of service received, and any other particular requirements set forth in this chapter. The grantee will supply cable television services sufficient to meet cable related community needs and interests given due consideration to the costs of meeting such needs.
4. The village shall then work with the grantee to prepare any amendments to this chapter that both parties agree evidence shows are required based on cable related community needs and interests.
5. 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, giving due consideration to the costs of meeting same, a new franchise shall be granted pursuant to this chapter as amended for a period to be determined. (Ord. 1021, 8-12-1998)