Renewal of license

Renewal shall be conducted in a manner consistent with Section 626 of the Cable Act, 47 U.S.C. 546. To the extent such additional requirements are consistent with applicable law, the following requirements shall apply:

(a)

Upon completion of the review and evaluation process set forth in Section 626(a)(1), (2) of the Cable Act, 47 U.S.C. 546, should that process be invoked, the city shall notify the licensee, by certified or registered mail that it may file a formal renewal application including a renewal proposal. The notice shall specify the minimum information to be included in the renewal application and the deadline for filing the application, which shall be no earlier than thirty (30) calendar days following the date of the notice.

(1)

The application shall comply with the requirements of section 11-8 hereof and provide the specific information requested in the notice or such other information as is designated by the city in the notice requesting a formal renewal proposal. If the licensee does not submit a formal renewal application by the date specified in the notice to the licensee by the city, given pursuant to this subsection, the licensee shall be deemed not to be seeking renewal of its license.

(2)

Upon receipt of the formal renewal application, the city shall publish notice of its receipt and make copies available to the public. The city, following public notice of no less than ten calendar days, may hold one or more public hearings on the renewal application.

(b)

With regard to any renewal application, in the event a public hearing on such application is held, or in the event that the city commission considers such application without a public hearing, the city commission shall either:

(1)

Pass a resolution agreeing to renew the license; or

(2)

Pass a resolution that makes a preliminary assessment that the license should not be renewed; or

(3)

In the case of an informal proposal, pass a resolution to enter into informal negotiations of a license agreement.

(c)

If a preliminary assessment is made that a license should not be renewed, at the request of the licensee or on its own initiative, the city shall commence a proceeding in accordance with Section 626(c) of the Cable Act, 47 U.S.C. § 546(c) to address the issues set forth in Section 626(c)(1)(A)—(D) of the Cable Act, 47 U.S.C. § 546(c)(1)(A)—(D). Any denial of a proposal for renewal that has been submitted in compliance with subsection (b) of § 546 shall be based on one or more adverse findings made with respect to the factors described in § 546(c)(1)(A)—(D), pursuant to the record of proceedings under § 546(c). The city shall not base a denial of renewal on a failure to substantially comply with the material terms of the license under § 546(c)(1)(A) or on events considered under § 546(c)(1)(B) unless the city has provided the licensee with notice and opportunity to cure, or in any case in which it is documented that the city 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.

(d)

Any request to initiate a renewal process or proposal for renewal not submitted within the time period set forth in Section 626(a) of the Cable Act, 47 U.S.C. § 546(a), or submitted within such time frame and the parties agree that the informal process shall be first initiated, shall be deemed an informal proposal for renewal and shall be governed in accordance with Section 626(h) of the Cable Act, 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 commission shall determine whether the license should be renewed and the terms and conditions of any renewal.

(e)

If the city commission grants a renewal application, the city and the licensee shall agree on the terms of a license agreement, pursuant to the procedures specified in section 11-9 of this chapter, before such renewal becomes effective.

(f)

If renewal of a license is lawfully denied, the city may acquire ownership of the cable system or effect a transfer of ownership of the system to another person upon approval of the city commission. Any such acquisition or transfer shall be at fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the license itself. The city may not acquire ownership of the system while an appeal of a denial for renewal is pending in any court pursuant to the Cable Act, 47 U.S.C. § 546(e).

(g)

If renewal of a license is lawfully denied and no appeal to a court is pending, and the city does not purchase the cable system or approve or effect a transfer of the cable system to another person, the city may require the former licensee to remove its facilities and equipment at the expense of the former licensee. If the former licensee fails to do so within a reasonable period of time, the city may have the removal completed at the expense of the former licensee and/or surety.

(Ord. No. 11936, § 3, 6-8-00)