(a) Notice of Desire to Renew. The Board of Trustees may decide that the franchise granted pursuant to this chapter should be renewed or extended, if the grantee applies to the Board at least nine months prior to the expiration of the franchise agreement or any renewal thereof. Failure to make such a timely application may be cause for the forfeiture of renewal rights.
(b) Conditions. The grantee's renewal application, when filed, shall demonstrate:
(1) That the grantee has been and continues to be in substantial compliance with this chapter and the franchise agreement;
(2) That the grantee's system has been installed, constructed, maintained and operated in accordance with the accepted standards of the industry, this chapter and the franchise agreement;
(3) That the grantee has the character and legal, technical, financial and other qualifications then required by Federal, State or local law to continue to maintain and operate the grantee's system and to extend the same as the state of the art progresses so as to ensure the grantee's subscribers of high quality service; and
(4) That the grantee has made a good faith effort to provide services and facilities which accommodate the demonstrated needs of subscribers as reasonably ascertained by the Board. However, the grantee has no obligation to provide services, beyond those contemplated in Section 814.21, which adversely impact the economic viability of the system.
(c) Consideration of Application. Upon filing an application consistent with subsections (a) and (b) hereof, the Board shall consider and act upon the grantee's requested renewal in conformity with the following procedure:
(1) Within ninety days of the receipt of the application, the Board shall, following appropriate public notice, hold a public hearing affording due process on the grantee's application, at which interested parties, including the grantee, will be afforded an opportunity to present oral or written comments.
(2) The Board shall, by written resolution reciting the basis of its findings, issue a report within ninety days of the public hearing, that it:
(3) Has found that the public interest is no longer served by the continuation of the system's communications services in the Village, and therefore has decided that such services should not be enfranchised in the Village during the year succeeding the date of the grantee's termination of service;
(4) Has found that the grantee has substantially failed to meet the criteria for renewal established in subsection (b) hereof, and therefore has decided that the grantee's renewal application may be denied; or
(5) Has found that the grantee has substantially met the criteria established in subsection (b) hereof, except where prevented by conditions beyond its reasonable control, and therefore has decided that the franchise may be renewed.
(Ord. 593. Passed 7-12-82.)