(A) The city shall grant a franchise for the use of the streets within the city for the construction, operation, and maintenance of a CATV system. No system shall be allowed to occupy or use the streets of the city or be allowed to operate without a CATV franchise.
(B) The franchise shall be granted for a term of 15 years; thereafter, after full public hearings, and according to the franchise renewal procedure that follows, the franchise may be renewed for periods of 15 years as in the opinion of the City Council will serve the public interest. Procedure to consider franchise renewal:
(1) Twelve months before expiration of the franchise, the City Council shall instruct the CATV Advisory Board to review the performance of the franchisee and the content of this chapter;
(2) After giving public notice, the Board shall proceed to determine whether the operator has satisfactorily performed his or her obligations under the franchise. To determine satisfactory performance, the Board shall look at the technical developments and performance of the system, programming, other services offered, cost of service, and any other particular requirement set forth in this chapter. Also, the Board shall consider the franchisee’s annual reports made for community comment, and industry performance on a national basis shall be considered;
(3) A four-month period shall be provided to determine the franchisee’s eligibility for renewal;
(4) The Board shall then prepare amendments to this chapter that it believes necessary;
(5) The Board shall submit to the City Council recommendations in regard to:
(a) Renewal of the franchise;
(b) Changes to the franchise; and
(c) Amendments to this chapter.
(6) If the City Council finds the franchisee’s performance satisfactory, a new franchise may be granted pursuant to this chapter as amended; and
(7) In the event the current franchisee is determined by the City Council to have performed unsatisfactorily, new applicants shall be sought and evaluated by the CATV Advisory Board and a franchise award made by the City Council according to a CATV franchising procedure adopted by the City Council.
(1972 Code, § 10-705) (Ord. 638, passed 4-15-1980) Penalty, see § 115.99