(a) The field of video communications is rapidly changing and may see many regulatory, technical, financial, marketing and legal changes during the term of a franchise.
(b) Therefore, in order to provide for a maximum degree of flexibility in this chapter and a franchise, and to help achieve continued advanced and modern systems serving the city that meet the needs of the city, the following evaluation provisions shall apply.
(1) Subject to the provisions of this section and upon 30 days’ written notice to a grantee, the city may require an evaluation session. The evaluation session may occur no sooner than the fifth anniversary date of a grantee’s franchise. The evaluation shall determine if it is appropriate to amend this chapter and/or a franchise to address developments in the field of video communications that may have taken place over the course of time. Any proposed amendment of the franchise under this section shall be based upon the reasonable cable needs and related needs and interests of the city and subscribers and take into consideration the costs to a grantee of meeting those needs and interests. The city and a grantee shall negotiate amendments to the franchise in good faith.
(2) All evaluation sessions shall be open to the public and notice of sessions published in the same way as the city publishes other legal notices.
(3) Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, a grantee’s performance, programming offered, access channels, facilities and support, municipal uses of cable, customer complaints, amendments to this chapter and a franchise, judicial rulings, FCC rulings, line extension policies and any other topics city and a grantee deem relevant.
(4) Notwithstanding any provisions of this section, the city and a grantee may at any time amend the franchise by mutual consent.
(1992 Code, § 44-64) (Ord. 104-09, passed 11-16-2009)