The board of directors of the cable television commission shall tentatively select all franchisees for franchises issued pursuant to the provisions of this chapter, except the franchisee for the initial CATV franchise. Prior to tentative selection the board shall conduct a public hearing for the purpose of receiving presentations from the applicants and comments from the public. Notice of the hearing shall be given in the manner prescribed by Section 5.28.080 of this chapter, and mailed to the applicants.
Between the date of tentative selection of a franchisee and approval of the resolution offering the franchise, the governing bodies of the county and municipality of Sacramento, or subcommittees thereof, sitting jointly with respect to the initial CATV franchise, and the board of directors of the commission, or a subcommittee thereof, with respect to any other franchise, shall conduct a public hearing for the purpose of receiving comments from proposed recipients of services, resources or benefits in relation to the determinations required by Section 5.28.890 of this chapter. Notice of the hearing shall be given in the manner prescribed by Section 5.28.080 of this chapter, and mailed to the tentative selectee and all proposed recipients as identified in the application by the tentative selectee and pursuant to the provisions of said Section 5.28.890 of this chapter.
With respect to the initial CATV franchise, the tentative selection shall not become final until the governing bodies of the municipality of Sacramento and county have approved identical resolutions offering the franchise. The resolution offering the franchise approved by the governing bodies shall be adopted without change by the board of directors of the commission pursuant to Section 5.28.430 of this chapter. The board of directors shall not be authorized to adopt a resolution offering the initial CATV franchise unless such resolution has been approved in advance by said governing bodies.
With respect to any franchise issued pursuant to the provisions of the chapter other than the initial CATV franchise, the tentative selection of the franchisee shall not become final until the board of directors of the commission adopts the resolution offering the franchise pursuant to Section 5.28.430 of this chapter.
If a tentative selection has not been made within nine months following the deadline for submission of applications established by a request for proposals, all applications shall be deemed rejected, and no franchise shall be issued pursuant to that request for proposals.
At any time prior to adoption of the resolution offering the franchise pursuant to Section 5.28.430 of this chapter, either the governing body of the county or municipality of Sacramento with respect to the initial CATV franchise, or the board of directors of the commission with respect to any other franchise to be issued under this chapter, may reject the tentative selectee.
If the resolution offering the franchise has not been adopted within six months following the date of tentative selection of a franchisee, the tentative selectee shall be deemed to have been rejected.
If for any reason, the tentative selectee shall be deemed to have been rejected or the resolution offering the franchise shall be deemed to have been repealed pursuant to provisions of these franchise documents, the governing bodies of the county and the municipality of Sacramento with respect to the initial CATV franchise, or the board of directors of the commission with respect to any other franchise to be issued under this chapter, may select a new tentative selectee pursuant to the procedures set forth in this chapter from among those applications previously submitted and may offer a franchise pursuant to the request for proposals by which the applications were solicited. (Prior code § 20.03.214)