A. Pursuant to 47 United States Code section 546, the following procedure shall apply:
1. The Village may, on its own initiative, during the six (6) month period which begins with the thirty sixth month before the franchise expiration, commence a proceeding which affords the public in the Village appropriate notice and participation for the purpose of: a) identifying the future cable-related community needs and interests; and b) reviewing the performance of the grantee under the franchise. If the grantee submits, during such six (6) month period, a written renewal notice requesting the commencement of such proceeding, the Village shall commence such proceeding not later than six (6) months after the date such notice is submitted.
2. Upon completion of the proceeding under subsection A1 of this Section, the grantee may, on its own initiative or at the request of the Village, submit a proposal for renewal. The Village may establish a date by which such proposal shall be submitted.
3. Upon submittal by the grantee of a proposal to the Village for the renewal of the franchise, the Village shall provide prompt, public notice of such proposal for renewal of the franchise or issue a preliminary assessment whether or not the franchise should or should not be renewed, and at the request of the grantee or on its own initiative, commence within a reasonable time an administrative proceeding, after providing prompt, public notice of such proceeding.
4. The Village shall consider in any administrative proceeding whether: a) the grantee has substantially complied with 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 or quality of cable services or other services provided over the system, has been reasonable in the light of community needs; c) the grantee has the financial, legal and technical ability to provide the services, facilities and equipment as 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 costs of meeting such needs and interests.
5. In any proceeding under subsection A4 of this Section, the grantee shall be afforded adequate notice and the grantee and the Village, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceedings under subsection A1 of this Section), to require the production of evidence and to question witnesses. A transcript shall be made of any such proceeding.
6. At the completion of a proceeding under subsection A4 of this Section, the Village 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 reasons therefor.
7. Any denial of a proposal for renewal that has been submitted in compliance with the procedures set forth above, shall be based on one or more adverse findings made with respect to the factors described at items a) through d) of subsection A4 of this Section pursuant to the record of the proceeding under said subsection. The Village may not base a denial of renewal on a failure to substantially comply with the material terms of the franchise or on events considered under item b) of subsection A4 of this Section unless the Village has provided the grantee with notice and the opportunity to cure or in any case in which it is documented that the Village has waived its right to object.
8. The grantee may appeal to a Cook County Circuit Court having jurisdiction over such matters any final decision or failure of the Village to act in accordance with the procedural requirements of this Section. The Court shall grant appropriate relief if the Court finds that: a) any action of the Village is not in compliance with the procedural requirements of this Section; or b) in the event of a final decision of the Village denying the renewal proposal, the grantee has demonstrated that the adverse finding of the Village with respect to each of the factors described in items a) through d) of subsection A4 of this Section on which the denial is based is not supported by a preponderance of the evidence, based on the record of the administrative proceeding.
B. Franchise Renewal In The Event Of Change In Federal Law:
1. To the extent applicable, current Federal procedures and standards pursuant to 47 United States Code section 546 shall govern the renewal of any franchise awarded under this Chapter.
2. In the event that any or all of the applicable provisions of Federal law are repealed or otherwise modified, and to the full extent consistent with such applicable provisions then in effect, the following section(s) shall apply:
a. At least twenty four (24) months prior to the expiration of the franchise, the grantee shall inform the Village in writing of its intent to seek renewal of the franchise.
b. The Village shall within three (3) months after the Village receives notice from grantee of its intent to seek renewal of its franchise, commence a proceeding which affords the public in the Village appropriate notice and participation for the purpose of: 1) identifying the future cable-related community needs and interests; and 2) reviewing the performance of the grantee under the franchise. The Village shall complete this proceeding within six (6) months of its commencement.
c. Upon completion of the proceeding under subsection B2b of this Section, the grantee may, on its own initiative or at the request of the Village, submit a proposal for renewal. The Village may establish a reasonable date by which such proposal shall be submitted, but in no event shall such time be less than three (3) months.
d. The grantee shall submit a proposal for renewal which demonstrates:
(1) That it has been and continues to be in substantial compliance with the material terms, conditions, and limitations of this Chapter and its franchise;
(2) That the quality of grantee's service, including signal quality, response to consumer complaints and billing practices, but without regards to the mix or quality of cable services or other services provided over the cable system, has been reasonable in light of community needs, balanced against the cost of meeting these needs.
(3) That it has the legal, technical, financial, and other qualifications to provide the services, facilities, and equipment set forth in its proposal; and
(4) That its proposal for services, facilities and equipment are reasonable to meet the demonstrated needs of the community balanced against the cost of meeting these needs as may be reasonably ascertained by the Village pursuant to the public process set forth in subsection B1 of this Section.
e. The Village shall within a reasonable time proceed to determine whether the grantee has satisfactorily performed its obligations under the franchise and whether or not grantee's proposal is reasonable to meet the future cable-related community needs and interest, taking into account the cost of meeting such needs. To determine satisfactory performance, the Village shall consider the performance of the system and the quality of the operator's service, including signal quality, response to customer complaints, and billing practices, but without regard to the mix or quality of cable services or other services provided over the system. For such purposes, the Village shall be able to also consider the grantee's reports made to the Village and to the FCC, and the Village may require the grantee to make available specified records, documents, and information for this purpose.
f. If the Village finds the grantee's performance satisfactory, that grantee has technical, legal, and financial ability to provide the services, facilities and equipment set forth in its proposal and that grantee's renewal proposal meets the future cable-related needs of the Village, as ascertained by public process set forth above, balanced against the costs of meeting these needs and interests, a new franchise shall be granted pursuant to this Chapter as amended for a period to be determined by the Village.
g. If the grantee is determined by the Village to have performed unsatisfactorily or that its proposal is not sufficient to meet the future cable-related needs and interests of the community then the Village shall issue a preliminary assessment that the franchise should not be renewed, detailing in writing the basis for nonrenewal. At the request of the operator or on its own initiative, the Village shall commence an administrative proceeding, after providing prompt public notice of such proceeding. Grantee shall be afforded adequate notice of the hearing and grantee shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to the issues raised by the Village as the basis for nonrenewal to require the production of evidence, and to question witnesses). A transcript shall be made of any such proceeding.
h. At the completion of a proceeding under this subsection the Village 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 cable operator. Such decision shall state the reasons therefor.
i. A grantee whose proposal for renewal has been denied by a final decision of the Village, or has been adversely affected by a failure of the Village to act in accordance with the procedural requirements of this Section, may appeal such final decision or failure pursuant to a court of competent jurisdiction.
j. The court shall grant appropriate relief if the court finds that:
(1) Any action of the Village, other than harmless error, is not in compliance with the procedural requirements of this Section; or
(2) In the event of a final decision of the Village denying the renewal proposal, grantee has demonstrated that the adverse finding of the Village with respect to each of the factors described in subsections B2d(1) through B2d(4) of this Section on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under subsection B2g of this Section.
k. Any decision of the Village on a proposal for renewal shall not be considered final unless all administrative review by the State has occurred or the opportunity therefor has lapsed.
l. Notwithstanding the provisions of this Section grantee may submit a proposal for the renewal of a franchise, and the Village may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time. The denial of a renewal pursuant to this subsection B2l shall not affect action on a renewal proposal that is submitted in accordance with the renewal provisions set forth in subsections B2a through B2k of this Section. (Ord. 98-2054, 9-28-1998)