(A) Renewal shall be conducted in a manner consistent with Section 626 of the Cable Act, 47 USC 546.
(B) To the extent such additional requirements are not prohibited by applicable law, the following requirements shall apply:
(1) Upon completion of the review and evaluation process set forth in Section 626(a)(1)(2) of the Cable Act, 47 USC 546, should that process be invoked, the city shall notify the franchisee that it may file a renewal application including a renewal proposal. The notice shall specify the information to be included in the renewal application and the deadline for filing the application, which shall be no earlier than 30 calendar days following the date of the notice.
(a) The application shall comply with the requirements of § 112.09(A) through (C), and (J), and provide the specific information requested in the notice. If the franchisee does not submit a renewal application by the date specified in the city's notice to the franchisee pursuant to this subsection, the franchisee will be deemed not to be seeking renewal of its franchise.
(b) Upon receipt of the renewal application, the city shall publish notice of its receipt and make copies available to the public. The city, following prior public notice, may hold one or more public hearings on the renewal application.
(2) The City Commission shall consider the renewal application at a public hearing at which the City Commission will either:
(a) Pass a resolution agreeing to renew the franchise, subject to the negotiation of a
franchise agreement satisfactory to the city and the franchisee; or
(b) Pass a resolution that makes a preliminary assessment that the franchise should not be renewed.
(3) 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 will commence a proceeding in accordance with Section 626(c) of the Cable Act, 47 USC 546(c), to address the issues set forth in Section 626(c)(1)(A) through (D) of the Cable Act, 47 USC 546(c)(1)(A) though (D). Any denial of a proposal for renewal that has been submitted in compliance with Subsection (b) of Section 546 shall be based on one or more adverse findings made with respect to the factors described in Section 546(c)(1)(A) through (D), pursuant to the record of proceedings under Section 546(c). The city shall not base a denial of renewal on a failure to substantially comply with the material terms of the franchise under Section 546(c)(1)(A) or on events considered under Section 546(c)(1)(B) unless the city has provided the franchisee with notice and opportunity to cure, or in any case in which it is documented that the city has waived its right to object, or the franchisee gives written notice of a failure or inability to cure and the city fails to object within a reasonable time after receipt of such notice.
(4) Any request to initiate a renewal process or proposal for renewal not submitted within the time period set forth in Section 626(a) of the Cable Act, 47 USC 546(a), shall be deemed an informal proposal for renewal and shall be governed in accordance with Section 626(h) of the Cable Act, 47 USC §546(h). The City Commission may hold one or more public hearings or implement other procedures under which comments from the public on an informal proposal for renewal may be received. Following such public hearings or other procedures, the City Commission shall determine whether the franchise should be renewed and the terms and conditions of any renewal.
(5) If the City Commission grants a renewal application, the city and the franchisee shall agree on the terms of a franchise agreement, pursuant to the procedures specified in this subchapter, before the renewal becomes effective.
(6) If renewal of a franchise is lawfully denied, the city may acquire ownership of the cable system or require a transfer of the system upon approval of the City Commission in a manner not inconsistent with federal law. The city may not acquire ownership of the system or approve a transfer while an appeal of a denial for renewal is pending in any court pursuant to 47 USC 546(e).
(7) If renewal of a franchise is lawfully denied and no appeal to a court is pending, and the city does not purchase the cable system or approve or require a transfer of the cable system to another person, the city may require the former franchisee to remove its facilities and equipment at the former franchisee's expense. If the former franchisee fails to do so within a reasonable period of time, the city may have the removal done at the former franchisee's and/or surety's expense.
(Ord. 1406, passed 5-15-02)