§ 5.36.235. Franchise renewal procedure.

a.

During the six-month period which begins with the 36-month before the franchise expiration, a proceeding to consider the renewal of a franchise shall be commenced either upon receipt of a written notice from the Cable Operator requesting such a proceeding, or upon the City's own initiative. If the City receives such a notice from the Cable Operator, it shall commence the proceeding within six months of receipt. This proceeding shall be for the purpose of, among other thing, identifying the future cable-related community needs and interests, and reviewing the performance of the Cable Operator under the franchise during the then current franchise term. The proceeding shall include, without limitation, a review of the foregoing matters by City staff and at least one noticed public meeting. The proceeding shall not be deemed complete until the review has been completed and the City has given the Cable Operator written notice of cable system and service features necessary to meet future cable-related community needs and interests, and of information that must be included in a proposal for a renewal, and of a deadline for submission of a renewal proposal.

b.

Upon completion of the proceeding described in subsection (a) above, the Cable Operator may submit a proposal for renewal. Any such proposal shall include the matters described in Section 5.36.220 above and subsection (a) above.

c.

Upon receipt of a renewal proposal pursuant to subsection (b) above, the City shall provide prompt public notice of the proposal. Within four months after receipt of the proposal, the City shall either (l) renew the franchise or renew the franchise subject to conditions by adoption of a City Council resolution approving a franchise agreement; or (2) issue a preliminary assessment that the franchise should not be renewed and, at the request of the operator or on its own initiative, commence an administrative proceeding concerning the renewal.

d.

Any administrative proceeding pursuant to subsection (c)(2) shall consider whether:

(1)

the Cable Operator has substantially complied with the material terms of the existing franchise and with applicable law;

(2)

the quality of the operator's service, including but not limited to 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 light of community needs;

(3)

the operator has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the operator's proposal; and

(4)

the operator'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 Cable Operator shall be given at least 30 days advance notice of the administrative proceeding. The Cable Operator 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 the proceeding. At the completion of the proceeding, the City shall issue a written decision, with the reasons therefor, granting, conditionally granting or denying the proposal for renewal based upon the record of the proceeding. The City shall transmit a copy of the decision to the Cable Operator. Any denial of a proposal for renewal made in compliance with subsection (b) above shall be based on one or more adverse finding made with respect to the factors described in this subsection. A denial may not be based on any violation of the franchise or any events described in subsection (d)(2) above which occurred after 1984 unless the City provided the Cable Operator with notice and the opportunity to cure, or in any case in which it is documented that the City waived its right to object, or the Cable Operator gave written notice of a failure or inability to cure and the City failed to object within a reasonable time after receipt of such notice.

e.

The City and a Cable Operator may agree to waive the provisions of subsections (a) through (d). If the City and a Cable Operator agree to such a waiver, the Cable Operator 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, renew the franchise or renew the franchise subject to conditions by adoption of a City Council resolution approving or conditionally approving a franchise agreement, or deny the franchise renewal. The provisions of subsection (a) through (d) above shall not apply to a decision to grant or deny a renewal pursuant to 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 (d) above.

f.

The provisions of subsections (a) through (d) above are intended to reflect federal law and may be modified to conform to any changes in federal law.

(Ord. No. 820, § 1, 3-19-02)