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(a) Renewals of a franchise shall be governed by § 626 of the Cable Act, 47 U.S.C. § 546, which is incorporated herein by reference, as that section now exists and may from time to time be amended.
(b) A franchisee seeking renewal of its franchise under either the formal or informal procedures of the Cable Act shall, upon the request of the city, submit an application conforming to the requirements of § 808.08 and containing all the applicable information required by § 808.10(b), provided that the franchisee need not provide any information required by § 808.10(b) that was also contained in the most recent report submitted to the city pursuant to § 808.19(a) and that has not materially changed since the date of that report. The franchisee shall also comply with all requests for additional or supplemental information necessary for the city to evaluate the franchisee’s request for renewal.
(c) If renewal of a franchise is denied and all rights of the franchisee to appeal have been exercised or have expired, the city may acquire ownership of the cable system or effect a transfer of ownership of the system to another person upon approval of the Council. Any such acquisition or transfer shall be at fair market value, as defined in § 808.02.
(d) If renewal of a franchise is denied and the city does not purchase the cable system or approve or effect a transfer of the cable system to another person, the city may require the former franchisee to remove its facilities and equipment at the former franchisee’s expense in accordance with § 808.23. If the former franchisee fails to do so within a reasonable period of time, the city may have the removal done at the former franchisee’s and/or surety’s expense.
(Ord. 97-2, passed 1-9-1997)