A. During the six-month period which begins with the thirty-sixth month before the franchise expiration, the city may on its own initiative, and shall at the request of the grantee, commence proceedings which afford the public in the franchise area appropriate notice and participation for the purpose of:
1. Identifying the future cable-related community needs and interest; and
2. Reviewing the performance of the grantee under the franchise during the then-current franchise terms.
B. Upon completion of a proceeding under subsection A of this section, the grantee seeking renewal of a franchise may on its own initiative or at the request of city submit a proposal for renewal. The request shall be accompanied by both the application and fee as provided in Section 13.12.060 except to the extent that the city waives such provisions. In addition, such request shall, at the minimum, specify the following:
1. Justification, based on prior experience and compliance with existing franchise and applicable law, for the extension;
2. Number of years of the requested franchise extension;
3. Changes, modifications, improvements, and up-grades to the grantee is proposing to provide during the term of the requested extension;
4. The financial legal and technical capability of the grantee to provide the necessary services facilities and equipment;
5. Demonstrate that the quality of service has been reasonable in light of community needs and that the service will reasonably meet community needs and interests;
6. Any and all other information grantee shall deem relevant to the request.
C. Upon submittal by grantee of an application for renewal, the city shall provide prompt public notice and during the four-month period beginning on completion of the proceedings under subsection A of this section, either renew the franchise or issue a preliminary assessment that the franchise should not be renewed. In the event that the city should issue such assessment and upon the request of grantee, the city shall initiate administrative proceedings, after providing notice to the grantee and public to consider whether the franchise should be renewed in accordance with this section. Any determination by the council shall be based upon the grounds stated in this chapter or other applicable law and shall be transmitted to the grantee in writing within ten days following such determination.
D. A final decision and agreement between grantee and the city shall be resolved at the earliest possible date, but in no event, later than eighteen months prior to the expiration of the existing franchise. In the event agreement is not concluded prior to that time, notice shall be given to the grantee of the city's intent to reopen the franchise to interested applicants. Nothing herein shall be construed to prevent the city in its sole discretion from reopening the franchise to interested applicants.
(Ord. 85-07-950 § 1 (part))