947.03 FRANCHISE RENEWAL.

   Pursuant to Section 626 of The Act, the following procedures shall apply:

   (a)    During the six month period which begins with the thirty-sixth month before the expiration of a franchise agreement, the City may on its own initiative and shall upon request of the Grantee begin proceedings which will enable the public to participate in identifying the future cable-related needs and interests of the community and reviewing the performance of the Grantee.

   (b)    Upon completion of the proceeding described in subsection (a) hereof, and/or eighteen months before the expiration of the franchise agreement, the Grantee shall submit a proposal for renewal. The proposal for renewal shall contain any plans the Grantee may have for an upgrade of the cable system as well as other pertinent information, subject to Sections 947.13 and 947.16.

   (c)    The City shall publish a public notice in any newspaper having general circulation in the City promptly upon receipt of the proposal for renewal.

   (d)    Within eighteen to fourteen months prior to the expiration of the franchise agreement, Council shall either renew the franchise or issue a preliminary assessment that the franchise should not be renewed. If a preliminary assessment is issued, the following procedure shall be followed:

      (l)    An administrative proceeding shall be held not later than thirteen months prior to the expiration of the franchise to consider whether:

         A    The Grantee has substantially complied with the material terms of the franchise agreement and any applicable laws;

         B.    The quality of the Grantee's service, including signal quality, response to consumer complaints and billing practices has been reasonable in light of community needs (the mix, quality of level of cable services or other services provided over the system shall not be considered);

         C.    The Grantee has the financial, legal and technical ability to provide the services, facilities and equipment set forth in the proposal for renewal;

         D.    The Grantee's proposal is reasonable to meet the cable-related needs and interests of the community.

            The City shall publish a public notice of the administrative proceeding ten calendar days prior to the date of such proceeding.

      (2)    In any proceeding under subsection (d)(1) hereof, 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 including evidence related to issues raised in the proceeding under subsection (a) hereof to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding.

   (e)   Within thirty calendar days of the completion of the proceeding, or twelve months prior to the expiration of the franchise agreement, Council shall issue a written decision granting or denying the proposal for renewal based upon the record of the proceeding The decision shall state the reasons therefor and shall be final appealable decision. A copy of such decision shall be transmitted to the Grantee.

   (f)   Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in subsection (d)(1) A. to D. hereof pursuant to the record of the proceeding under subsection (d)(2). The City may not base a denial of renewal on a failure to substantially comply with the material terms of the franchise under subsection (d)(l)A. hereof or on events considered under subsection (d)(l)B. in any case in which a violation of the franchise or the events considered under subsection (d)(l)B. occur after the effective date of The Act unless the City has provided the Grantee with notice and the opportunity to cure, or in any case in which it is documented that the City has waived its right to object, or has effectively acquiesced.

   (g)    (1)    Any Grantee whose proposal for renewal has been denied by a final decision of the City made pursuant to this section, or has been adversely affected by a failure of the City to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the Provisions 635 (Judicial Proceedings) of The Act.

      (2)    The court shall grant appropriate relief if the court finds that:

         A.    Any action of the City is not in compliance with the procedural requirements of this section; or

         B.    In the event of a final decision of the City denying the renewal proposal, the Grantee has demonstrated that the adverse finding of the City with respect to each of the factors described in subsection (d)(1) A. to D. hereof on which the denial is based is not supported by a preponderance of evidence, based on the record of the proceeding conducted under subsection (d).

   (h)    Any decision of the City 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.

   (i)    For purposes of this section, the term "franchise expiration" means the date of the expiration of the term of the franchise, as provided under the franchise, as it was in effect on the date of the enactment of this section.

   (j)    Notwithstanding the provisions of subsections (a) through (i) hereof, a Grantee may submit a proposal for the renewal of a franchise pursuant to this subsection at any time, 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 the section have commenced. The provisions of subsections (a) through (i) hereof shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (a) through (i). (Ord. 1985-18. Passed 6-3-85.)