(A) The franchising authority and the grantee agree that any proceedings undertaken by the franchising authority that relate to the renewal of the grantee's franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, as the same existed as of the effective date of the Cable Act, unless the procedures and substantive protections set forth therein shall be deemed to be preempted and superseded by the provisions of any subsequent provision of federal or state law.
(B) In addition to the procedures set forth in Section 626(a) of the Cable Act, the franchising authority agrees to notify the grantee of its preliminary assessments regarding the identity of future cable related community needs and interests, as well as the past performance of the grantee under the then current franchise terms. The franchising authority further agrees that the preliminary assessment shall be provided to the grantee prior to the time that the four-month period referred to in Subsection (c) of Section 626 is considered to begin. Notwithstanding anything to the contrary set forth in this section, the grantee and franchising authority agree that at any time during the term of the then current franchise, while affording the public appropriate notice and opportunity to comment, the franchising authority and the grantee may agree to undertake and finalize negotiations regarding renewal of the then current franchise, and the franchising authority may grant a renewal thereof. The grantee and the franchising authority consider the terms set forth in this section to be consistent with the express provisions of Section 626 of the Cable Act. Section 626 of the Cable Act, as the same existed as of the effective date of the Cable Act, is incorporated herein by reference.
(Ord. 617, passed 7-1-1985)