5.50.050 Franchise renewal.
A. The city may, on its own initiative, during the six-month period which begins with the thirty-sixth month before the franchise expiration, commence a proceeding which affords the public in the franchise area appropriate notice and participation for the purpose of identifying the future cable-related community needs and interests and reviewing the performance of the franchisee under the franchise during the current franchise term. If the franchisee submits, during said six-month period, a written renewal notice requesting the commencement of such a proceeding, the city shall commence such a proceeding not later than six months after the date such notice is submitted.
B. Upon completion of a proceeding under subsection A of this section, a franchisee seeking renewal may, on its own initiative or at the request of the city, submit a proposal for renewal.
C. Upon submittal by a franchisee of a proposal for the renewal of a franchise, the city shall provide prompt public notice of such proposal comprised of the publication of a notice of application in the official newspaper of the city for two consecutive weeks and by posting a notice of application at City Hall. Within four months of the date of the submission of an application found to be acceptable for filing, the city shall renew the franchise or issue a preliminary assessment that the franchise should not be renewed.
D. Notwithstanding subsections A through C of this section, a franchisee may submit an application for renewal of a franchise at any time, and the formal procedures set forth in subsections A through C of this section shall not apply to the review of said application.
E. In the course of considering an application for a renewed franchise, the city council shall hold a public hearing in which the public and the franchisee seeking renewal shall be offered an opportunity to speak, offer evidence and question witnesses as limited by such reasonable rules of procedure as may be adopted by the city. A transcript or recording shall be made of such hearing. Based on the record of such hearing and the application (including any negotiations relative thereto), the city council shall determine whether to grant a renewed franchise and shall issue a written opinion stating the reasons for its decision applying the following standards:
1. Whether the franchisee has substantially complied with the material terms of the existing franchise and with applicable law;
2. Whether the quality of the franchisee’s service, including signal quality, response to consumer complaints, and billing practices (but without regard to the mix, quality, or level of cable services or other services provided over the cable television system) has been reasonable in light of community needs;
3. Whether the franchisee has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the franchisee’s proposal; and
4. Whether 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. (Ord. 1708 § 1, 1997).