Modification of Franchise.

15.091. 

Application Required. The Franchising Authority shall require Grantee to file a letter of application, in such form as Grantee deems appropriate, for modification of the Franchise Agreement.

The Franchising Authority shall review such application for modification, based on the terms and conditions set forth by Section 625 of the Cable Communications Policy Act of 1984, as now or hereinafter amended, or any successor provision. The Franchising Authority may, based upon the findings of its review, approve Grantee's request for modification.

15.092. 

Justification, Commercial Impracticability. The application for modification to the Franchise Agreement shall state Grantee's justifications for such proposed modifications. Grantee shall indicate within such justifications any projected technical, financial and service impacts, which such proposed modifications intend to remedy. Where Grantee has indicated commercial impracticability as a justification for modification, Grantee shall show any changes in conditions arising since the enactment of the Franchise Agreement; that such change in conditions was not foreseeable at the time of enactment of the Franchise Agreement; and, that such change in conditions was beyond the control of the Operator. The burden of proof to justify a claim of commercial impracticability shall be borne by the Grantee.

15.093. 

Modification of Public, Educational, and Governmental Access. The City may prohibit award of any proposed modification to the Franchise pertaining to provision of services relating to Public, Educational or Governmental Access.

15.094. 

Negotiations. If, upon the Franchising Authority's completion of review of the application for modification of the Franchise, the Franchising Authority has not made a final determination regarding the merit of the requested modifications, the Grantee may request negotiations with the Franchising Authority for modification of service requirements, in accordance with Section 625 of the Cable Communications Policy Act of 1984, as now or hereinafter amended. Franchising Authority shall permit such negotiations to proceed only in such cases where the Grantee agrees to maintain mix, quality and level of services originally required by the Franchise at the time in which it was granted. Franchising Authority and Grantee shall have one hundred twenty (120) calendar days to negotiate and approve such modifications, unless Grantee and Franchising Authority agree to an extension of time.

15.095. 

Procedures for Approval or Denial.

A. 

Upon receipt of the request for modifications by the Grantee, the Franchising Authority shall indicate its decision to the Common Council to grant or deny Grantee's request for modifications within one hundred twenty (120) days of its receipt of the modification request. Grantee and Franchising Authority may mutually agree to extend said one hundred twenty (120) day time period. The Franchising Authority shall state its decision for approval or denial of the request for modifications at a public meeting of the Common Council. No modifications to the Franchise shall be approved without the express approval of the Common Council.

B. 

If the Franchising Authority or the Common Council deny the Grantee's request for modifications, the Grantee may commence an action for judicial review of the Franchising Authority's determination, in accordance with the process set forth in Sections 625(b)(2) and (b)(3) of the Cable Communications Policy Act of 1984, as now or hereinafter amended, or any successor provision.

15.096. 

Costs Incurred With Modification or Transfers of Franchises.

A. 

(1) 

Upon the application or notice of modification request by a Grantee, the Franchising Authority shall prepare an estimate of its costs to consider the modification. The costs may include, but shall not be limited to, reasonable fees for any or all of the following professionals: an attorney, an accountant, an engineer, municipal staff and other professionals with expertise or training relating to the modification. The Franchising Authority shall provide to the Grantee the estimate of fees and costs within thirty (30) days of the Grantee's application or notice.

The Grantee may appeal the Franchising Authority's estimate to the appropriate City official to initiate the modification request based upon the estimated expenses or withdraw the modification request. In no event shall the liability for actual costs and fees exceed the estimate by ten percent (10%) and in no event shall the Grantee's liability for the payment of fees and expenses exceed fifty percent (50%) of the preceding year's Franchise Fee payment. The fifty percent (50%) figure is intended as an agreed-upon cap to the expenses by the parties and not a claim against the Franchise Fee by the Grantee.

(2) 

Should the Franchising Authority initiate a request for modification of the Franchise, each party shall bear their own costs and fees.

B. 

The City shall recover from the buyer, transferee, delegee or assignee, the reasonable direct costs incurred in the consideration of the Grantee's request for purchase, transfer, delegation or assignment of the Franchise. Such costs may include, but shall not be limited to, the fees for professionals with expertise or training, as may be needed by the Franchising Authority in its evaluation.