36.04A.100 Franchise renewals.

(a)    In the course of considering a request for a renewed franchise, the county shall adhere to all requirements of applicable federal law. The public shall be afforded appropriate notice and opportunity to participate in any proceedings undertaken by the county for the purpose of identifying future cable-related community needs and interests, reviewing the grantee’s performance during any existing franchise term, and evaluating the request for a renewed franchise.

(b)    The commission shall conduct the preliminary assessment regarding renewal of a franchise pursuant to Section 36.04A.220. Should the commission recommend that the franchise should not be renewed, the county board shall hold a public hearing or hearings, in which the grantee seeking renewal shall be afforded a fair opportunity for full participation, including the right to testify, to require the production of and to introduce evidence, and to question witnesses. Notice of any such public hearing shall be published in a local newspaper of general circulation in the county and be sent by certified mail to the grantee. A transcript shall be made of such hearing. Within a reasonable time following the conclusion of such hearing, the county board shall issue a written decision granting or denying the proposal for renewal based on the record of such proceeding and stating the reasons therefor. The county board shall transmit a copy of such decision to the grantee. If the proposal is granted, the parties shall proceed to negotiate the terms and conditions of a renewed franchise, based on such proposal.

(c)    Any denial of a request for a renewed franchise shall be based on one or more adverse findings made with respect to the following described factors, pursuant to the requirements of then-applicable federal law.

(1)    The grantee has substantially complied with the material terms of the existing franchise and with applicable law;

(2)    The quality of the grantee’s service, including signal quality, response to consumer complaints, and billing practices (but without regard to the mix or quality of cable television services or other services provided over the system) has been reasonable in light of community needs;

(3)    The grantee has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the application; and

(4)    The grantee’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.

(d)    If the county board, upon recommendation of the commission, determines that the grantee’s proposal meets the criteria of subsection (c) of this section, or then applicable state and federal law, it shall grant a renewed franchise to the grantee subject to terms and conditions as agreed upon between the grantee and the county. Any such franchise renewal must be approved by ordinance of the county board in accordance with the county charter and other applicable law. (Sec. 2 of Ord. 1998-12-21)