§ 114.07. Renewal of license.

(a)

Licensee's renewal option. Notwithstanding the provisions of subsections (b) through (k) below, a licensee may submit a proposal for the renewal of a license pursuant to this section at any time, and the city may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to subsections (b) through (k) below, have commenced). The provisions of subsections (e) through (k) below, shall not apply to a decision to grant or deny a proposal under 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 (b) through (k).

(b)

Renewal ascertainment. During the six-month period which begins with the thirty-sixth month before the license expiration, the city may, on its own initiative, and shall, at the request of the licensee, commence proceedings which afford the public in the license area appropriate notice and participation for the purpose of:

(1)

Identifying the future cable-related community needs and interests; and

(2)

Reviewing the performance of the licensee under the license during the then-current license term.

Upon completion of a proceeding under this subsection which shall terminate six months following its commencement, a licensee seeking renewal of a license may, on its own initiative or at the request of the city, submit a proposal for renewal.

(c)

Proposal. Any such proposal for renewal shall contain such material as the city may require including proposals for an upgrade of the cable system.

(d)

Proposal due and time-frame. The city may establish a date by which such proposal shall be submitted, and said proposal shall be submitted within 90 days following the completion of the proceedings set forth in subsection (b) above.

(e)

Proposal review. Upon submittal by a licensee of a proposal to the city for the renewal of a license, the city shall provide prompt public notice of such proposal and, during the fourth month period which begins on the completion of any proceedings under subsection (b) above, renew the license or issue a preliminary assessment that the license should not be renewed, If a preliminary assessment that the license shall not be renewed is issued, the city shall at the request of the licensee or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding, to consider whether:

(1)

The licensee has substantially complied with the material terms of the existing license and with applicable law;

(2)

The quality of the licensee'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 system, has been reasonable in light of community needs;

(3)

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

(4)

The licensee'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.

(f)

Public proceedings. In any public proceeding the licensee shall be afforded adequate notice and the licensee and the city, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceeding under subsection (b) above), to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding by the licensee. The licensee shall be responsible for any costs associated with the transcript.

(g)

Written renewal decision. At the completion of a proceeding under this section, the city shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the licensee. Such decision shall state the reasons therefor.

(h)

Renewal denial. Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in subsections (e)(1) through (e)(4) above, pursuant to the record of the proceeding. The city may not base a denial of the renewal on a failure to substantially comply with the material terms of the license under subsection (e)(1) above, or on events considered under subsection (e)(2) above, in any case in which a violation of the license or the events considered under subsection (e)(2) above, occur after December 29, 1984, unless the city has provided the licensee with reasonable notice and the opportunity to cure, or in any case in which it is documented that franchising authority has waived its right to object, or the licensee 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.

(i)

Licensee renewal appeal. Any licensee whose proposal for renewal has been denied by a final decision of the city made pursuant to this section, or has been adversely affected by a failure of the city to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the provisions of Section 635 of the Communications Act. The court shall grant appropriate relief if the court finds that:

(1)

Any action of the city is not in compliance with the procedural requirements of this section; or

(2)

In the event of a final decision of the city denying the renewal proposal, the licensee has demonstrated that the adverse findings of the city with respect to each of the factors described in subsections (e)(1)(4) above, on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under subsection (e).

(j)

Administrative review. Any decision of the city on a proposal for renewal shall not be considered final unless all administrative reviews by the city have occurred or the opportunity therefor has lapsed.

(k)

License expiration. For purposes of this section, the term "license expiration" means the date of the expiration of the term of the license, as provided under the license, as it was in effect on the date of the enactment of this chapter.

(l)

Term. Any license renewal shall be for a term not to exceed 15 years.

(Ord. No. 00-24, § 7, 4-10-00)