§ 25.10. Franchise Renewal.

A.

During the 6-month period which begins with the 36th month before the Franchise expiration, the City may on its own initiative, and shall at the written request of the Grantee, commence proceedings 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 during the then current franchise term.

B.

Upon completion of a proceeding under subsection A, a Grantee seeking renewal of a Franchise may, on its own initiative or at the request of the City, submit a proposal for renewal. Such proposal for renewal shall contain all information required of any Person applying for a Franchise hereunder, and, if the proposal for renewal is at the City's request, shall, to the extent consistent with applicable law, contain such other information specified by the City in the request. The proposal for renewal shall also set forth any technical, equipment, construction, customer service, System and performance upgrades and activation schedule the Grantee intends to implement to meet the State-of-the-Art cable-related interests of the community. The City Council reserves the right to set a date by which a proposal for renewal must be received by the City.

C.

The request to initiate a renewal process and any proposal for renewal shall be considered in accordance with the procedures set forth in the Cable Act at 47 U.S.C § 546, as may be amended from time to time.

D.

If the City has not commenced proceedings pursuant to 47 U.S.C. § 546(a) and the Grantee has not requested the City to do so prior to the conclusion of the period specified in 47 U.S.C. § 546(a), any proposal for renewal submitted by the Grantee subsequent thereto shall be deemed an informal proposal for renewal and shall be governed in accordance with 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 Council shall determine whether the Franchise should be renewed and the terms and conditions of any renewal.

E.

If the City Council determines that the Franchise should be renewed based upon its findings made with respect to the factors described in subparagraphs (A) through (D) of subsection (c)(1) of the Cable Act at 47 U.S.C § 546, the City Council shall renew the Grantee's Franchise, for a period of time not inconsistent with the provisions of Section 25.6A of this Article, with any modifications deemed necessary to reasonably meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests. The City and the Grantee shall agree on the terms of a Franchise Agreement, pursuant to the procedures specified in this Chapter 25, before such grant of renewal shall become effective.

F.

In the event the City determines that the Grantee is not entitled to a renewal of the Franchise in accordance with the procedure set forth in the Cable Act, the City shall have the right not to renew the Franchise. If the City does not renew the Franchise, the Grantee shall have a reasonable length of time to attempt to find a buyer, satisfactory to the City, to buy the assets of the System owned by the Grantee and obtain a Franchise to operate the System. If the Grantee cannot find such a buyer, the City, to the extent then permitted by existing law, shall have the option to either:

1.

Acquire, at Fair Market Value, ownership of all the assets of the Grantee's Cable System within the City that are owned by the Grantee;

2.

Require the sale at Fair Market Value of all such assets owned by the Grantee to a succeeding grantee; or

3.

Require all property owned by the Grantee that is located within the Public Ways of the City be removed at the sole cost and expense of the Grantee. Furthermore, in removing its plant, structures, equipment, wires, fiber-optics and other facilities the Grantee shall refill at its own expense any excavation that shall be made by it and shall leave all Public Ways and places in as good condition as that prevailing prior to such excavation and removal by the Grantee, without affecting the electric or telephone cables, wires or attachments. The City shall inspect and approve the conditions of the Public Ways and public places and cables, wires, attachments and poles after removal. If the Grantee fails to conduct the required removal within a reasonable period of time, the City may have the removal done at the expense of the Grantee or its insurance, surety or bond provider. The liability insurance, indemnity and performance bond provided in Section 25.18 shall continue in full force and effect during the period of removal.

4.

Require the Grantee to abandon in place any property which, in the City's opinion, would be too disruptive to the Public Ways to be removed.

G.

Except as provided in Section 25.13 of this Article, the City's above stated options must be exercised within one (1) year from the date of the expiration of the Franchise unless such period is extended with the consent of the Grantee.

H.

For consideration by the City of any proposal for renewal there is hereby established a non-refundable fee of five thousand dollars ($5,000). The purpose of this fee is to defray a portion of the City's costs in processing the renewal and, unless otherwise prohibited by applicable federal law, shall be considered a charge incidental to awarding and enforcing a Franchise within the meaning of 47 U.S.C. § 542(g)(2)(D) and shall not be passed through to Subscribers.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, § 2.3, Doc. #33439)