§ 78-303. Renewal of franchise.

Renewal shall be conducted in a manner consistent with Section 626 of the Communications Act, 47 U.S.C., § 546. The following additional requirements, unless in conflict with applicable law, shall apply:

(a)

Upon completion of the review and evaluation process set forth in Section 626(a)(1)(2) of the Communications Act, 47 U.S.C., § 546, should that process be invoked, the city shall notify the franchisee by certified or registered mail that it may file a formal renewal application in the form of a renewal proposal. The notice shall specify the information to be included in the renewal application and the deadline for filing the application, which shall be no earlier than 30 calendar days following the date of the notice.

(1)

The application shall comply with the requirements of section 78-288 hereof, to the extent applicable to franchise renewals and provide the specific information requested in the notice or such other information as is reasonably designated by the city in the notice requesting a formal renewal proposal. If the franchisee does not submit a formal renewal application by the date specified in the city's notice to the franchisee given pursuant to this subsection, which shall in no event be less than 120 days, the city may take such action as appropriate under law.

(2)

Upon receipt of the formal renewal application, the city shall publish notice of its receipt and make copies available to the public. The city, following prior public notice of no less than ten days, may hold one or more public hearings on the renewal application.

(b)

After the public hearing(s) on the renewal application is held, the city commission may either award a franchise pursuant to a request for proposal, and thereby renew the franchise; or only after a public hearing, properly noticed, pass a resolution that makes a preliminary assessment that sets forth the grounds that the franchise should not be renewed.

(c)

If a preliminary assessment is made that a franchise should not be renewed, at the request of the franchisee or on its own initiative, the city will commence a proceeding in accordance with Section 626(c) of the Communications Act, 47 U.S.C., § 546(c) to address the issues set forth in Section 626(c)(1)(A)-(D) of the Communications Act, 47 U.S.C., § 546(c)(1)(A)-(D). Any denial of a proposal for renewal that has been submitted in compliance with 47 U.S.C. § 546(b) shall be based on one or more adverse findings made with respect to the factors described in 47 U.S.C. § 546(c)(1)(A)-(D), pursuant to the record of proceedings under 47 U.S.C. § 546(c). The city shall not base a denial of renewal on a failure to substantially comply with the material terms of the franchise under section 546(c)(1)(A) or on events considered under section 546(c)(1)(B) unless the city has provided the franchisee with notice and opportunity to cure, or in any case in which it is documented that the city has waived its right to object, or the franchisee gives written notice of a failure or inability to cure and the city fails to object within a reasonable time after receipt of such notice.

(d)

Any request to initiate a renewal process or proposal for renewal not submitted within the time period set forth in Section 626(a) of the Communications Act, 47 U.S.C., § 546(a), or submitted within such time frame and the parties agree that the informal process shall be first initiated, shall be deemed an informal proposal for renewal and shall be governed in accordance with Section 626(h) of the Communications Act, 47 U.S.C., § 546(h). The city may hold one or more public hearings or implement other procedures under which comments from the public on an informal proposal for renewal may be received. Following such public hearings or other procedures, the city commission shall determine whether the franchise should be renewed and the terms and conditions of any renewal. If the city commission grants a renewal application, the city and the franchisee shall agree on the terms of a franchise agreement, pursuant to the procedures specified herein, before such renewal becomes effective.

(e)

If renewal of a franchise is lawfully denied, the city may acquire ownership of the cable system or effect a transfer of ownership of the cable system to another person upon approval of the city commission pursuant to Section 547 of the Communications Act. The city may not acquire ownership of the system or effect a transfer of ownership of the cable system while an appeal of a denial for renewal is pending in any court pursuant to the Communications Act, 47 U.S.C. § 546(e).

(f)

If renewal of a franchise is lawfully denied and the city does not purchase the cable system or approve or effect a transfer of the cable system to another person, and no appeal to a court is pending, the city may require the former franchisee to remove its facilities and equipment at the former franchisee's expense. 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. No. 3806-04, § I, 10-25-2004)