(A) Prior to granting an initial franchise hereunder, the City Council shall conduct a public proceeding pursuant to public notice concerning a grantee’s application for a franchise hereunder, which proceeding shall afford all interested parties an opportunity to participate in, and comment upon, the legal character, financial, technical and other qualifications of the grantee, and the adequacy and feasibility of its arrangements for the construction of a cable television system in the city. Within 30 days after the close of the public proceeding, if the City Council finds that a proposed grantee possesses all necessary qualifications and that its construction arrangements are adequate and feasible, the city shall grant to grantee, the right, privilege and franchise to construct, operate and maintain a CATV system in the streets of the city for a period of 15 years, this time period to begin from the date of grant, subject to the rights, obligations, conditions and restrictions as hereinafter provided.
(B) A franchise granted by the city under the provisions of this chapter shall permit constructing, operating and maintaining a cable system in the city, including the right to erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the streets and other public property such lines, cables, fiber optics, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appropriate to the operation of the cable system. It shall be unlawful for any person to construct, install or operate a cable system in the city within any street or within any other right-of-way within the city without a properly granted franchise awarded pursuant to the provisions of this chapter, which franchise is in full force and effect.
(C) The right to use and occupy said streets for the purpose herein set forth shall not be exclusive. The city reserves the right to grant a similar use of said streets to any person at any time during the period of franchise. If the city elects to grant an additional cable television franchise, in an area where a franchise has already been granted to a cable television operator, to any applicant that was not authorized to provide cable television service within the city prior to the effective date of this chapter, it shall do so only after a public hearing noticed in a newspaper of general circulation, where all of the following have been considered:
(1) Whether there will be significant positive or negative impacts on the community being served.
(2) Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the area.
(3) Whether there will be an unreasonable disruption or inconvenience to existing users, or any adverse effect on future use, of utility poles, public easements, and the public rights-of-way.
(4) Whether the franchise applicant has the technical and financial ability to perform.
(5) Whether there is any impact on the franchising authority’s interest in having an additional provider of cable service.
(6) Whether other societal interests generally considered by franchising authorities will be met.
(7) Whether the operation of an additional cable system in the community is economically feasible.
(8) Such other additional matters, both procedural and substantive, as the franchising authority may determine to be relevant. The city shall not grant any additional franchise more favorable or less burdensome than any franchise granted to another grantee to serve the same area.
(D) (1) A franchise granted hereunder may be renewed if:
(a) The grantee has substantially complied with the material terms of the existing franchise and with applicable law;
(b) The quality of the grantee’s service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the cable system has been reasonable in light of community needs;
(c) The grantee has the financial, legal, and technical ability to provide the services, facilities, and equipment set forth in the grantee’s proposal; and
(d) The grantee’s proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests. The city may not declare grantee’s proposal unreasonable and deny renewal, nor may community needs be established, on the basis of facilities, equipment, or services which another party has indicated it is willing to provide.
(2) In any renewal proceeding, the grantee shall be afforded adequate notice and the grantee and the city, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceedings.
(3) A proceeding under this division shall be completed within 12 months of its commencement, within which time the city shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the grantee. Such decision shall state the reason therefor.
(4) Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in division (1), pursuant to the record of the proceeding under division (2). The city may not base a denial of renewal on a failure to comply with the material terms of the franchise under division (1) or on events considered under division (1) unless the city has provided grantee notice and the opportunity to cure as provided in this chapter, or in any case in which city has waived its rights to object, or the grantee has given the city written notice of a failure to cure and the city fails to object within a reasonable time after receipt of such notice.
(5) The grantee is expressly reserved its rights of appeal under federal and state law. In addition to such rights, this franchise shall remain in effect at all times during which a renewal proceeding or appeal remains pending.
(6) Notwithstanding the provisions of divisions (D)(1) through (6), the grantee may submit a proposal for the renewal of franchise, and the city may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced). The denial of a renewal pursuant to this division shall not affect action on a renewal proposal that is submitted in accordance with divisions (D)(1) through (5) above.
(7) The city may not, upon the expiration of this franchise, or otherwise, acquire an ownership interest in the cable system, or require a sale of the cable system to any other person, unless the city or such other person acquires the ownership interest at not less than fair market value for the cable system as a going concern.
(E) This chapter and any franchise awarded pursuant to the terms of this chapter shall relate to and cover the entire present territorial limits of the city and any area hereafter annexed thereto during the term of the franchise. The grantee agrees to and shall install and furnish CATV service to all residents of the city, including all residents in any territory subsequently annexed to the city and referenced in § 114.15(A)(4).
(Ord. 94-0-6, passed 9-12-94)