Franchise Renewal.

15.111. 

Initiation of Proceedings by Franchising Authority. The Franchising Authority may, at its discretion, commence renewal proceedings during the six (6) month period beginning with the thirty-sixth (36th) month before the expiration date of the Franchise. Should the Franchising Authority seek to initiate renewal proceedings, the Franchising Authority shall notify the Grantee, in writing, with delivery by certified United States Mail, its desire to commence proceedings, which affords the public residing in the Franchise Area the opportunity to identify future cable-related needs and interests, and to review the performance of the Grantee during the Franchise term. Said notification shall not be made any later than the end of the thirtieth (30th) month prior to the expiration date of the Franchise.

15.112. 

Initiation of Proceedings by Grantee. Unless a request for Franchise renewal proceedings is initiated by the Franchising Authority, the Grantee shall be responsible for providing notification, in writing, to the Franchising Authority, delivered by certified United States Mail, that it requests consideration of renewal of the Franchise. Such notification shall be sent no sooner than the beginning of the thirty-sixth (36th) month prior to the expiration date of the Franchise and not any later than the end of the thirtieth (30th) month prior to the expiration date of the Franchise to preserve the Grantee's formal renewal rights under Section 626 of the Cable Communications Policy Act, as now or hereinafter amended. This Section shall not prohibit the Grantee from requesting Franchise renewal before the beginning of the thirty-sixth (36th) month prior to the expiration date of the Franchise, nor shall this Section prohibit the Franchising Authority and Grantee from engaging in an informal renewal process.

15.113. 

Application Fee for Renewal. The Grantee shall provide to the Franchising Authority, with the request to initiate Franchise renewal proceedings, a non-refundable fee to be determined by the Common Council by Resolution, which shall be applied by the Franchising Authority to solely defray costs incurred by the Franchising Authority in initiating renewal procedures, as outlined by Section 626 of the Cable Communications Policy Act of 1984, as now or hereinafter amended, or any successor provision.

15.114. 

Review Proceedings.

[Ord. 6400, amend S. 15.114(C)(D)(E), 10/6/1998]

A. 

The Franchising Authority shall conduct a series of public meetings and hearings, which shall address the following objectives:

1. 

Determining the community's cable-related needs and interests during the current term of the Franchise and for the future, beyond the existing expiration date of the Franchise.

2. 

Assessing the performance of the Grantee under the Franchise during the then current Franchise term.

B. 

If the Grantee has formally requested consideration of renewal of the Franchise in accordance with the conditions established in Section 15.112, such public meetings and hearings shall be commenced not later than six (6) months after such notice of request has been submitted to the Franchising Authority.

C. 

During the course of such meetings and hearings, the Franchising Authority shall receive comments and testimony from the public with regard to the performance of the Cable System or any Video Communications System, and the extent to which community cable-related needs and interests were met. At any time during these proceedings, the Franchising Authority may determine whether or not the Grantee was in reasonable compliance with the requirements set forth in the Franchise Ordinance or Agreement. The Franchising Authority may also seek outside independent evaluations of the physical state of the Cable System and of the payment of Franchise Fees, in accordance with the terms and conditions of the Franchise Agreement, as a part of its overall assessment of the performance of the Grantee.

D. 

Upon completion of the public meetings and hearings which have been called by the Franchising Authority, the Franchising Authority shall request the Grantee to respond to a Request For Proposal for renewal of the Franchise by a specified date. Grantee shall cause the proposal to the delivered to the Franchising Authority by certified United States Mail with a number of copies of the proposal to be provided, as set forth in the Request For Proposal.

E. 

The proposal submitted by the Grantee shall, to the extent allowed by Section 624 of the Cable Communication Policy Act of 1984, as now or hereinafter amended, or any successor provision, provide such material, as required by the Franchising Authority, including, but not limited to, System improvements, services to be provided and technical specifications to be met.

F. 

Upon receipt of the proposal, the Franchising Authority shall provide notice to the public that the proposal has been received and that a copy of the proposal shall be available for public review at City Hall.

G. 

The Franchising Authority shall, during the one hundred twenty (120) day period from the date of the receipt of Grantee's proposal, determine whether the Franchise shall be renewed, or if a preliminary assessment shall be made which would deny Grantee's request for renewal of the Franchise. The Franchising Authority shall take into consideration the extent to which it believes the Grantee to be in substantial compliance with the terms and conditions of the existing Ordinance and Agreement and the degree to which Grantee has addressed cable-related community needs and interests for the present and future in its proposal. Based on its review during the one hundred twenty (120) day period, Franchising Authority shall decide whether to renew the Franchise and enter into negotiations with Grantee to determine terms and conditions for a new Franchise Agreement.

H. 

Should the Franchising Authority issue a preliminary assessment that the Franchise should not be renewed, the Franchising Authority shall commence an administrative proceeding, subject to the notice provisions, as set forth hereinabove. Such administrative proceeding shall be subject to the procedures and criteria, as established by Section 626 of the Cable Communications Policy Act of 1984, as now or hereinafter amended, or any successor provision.

I. 

Notwithstanding any provision of this section, the Common Council may suspend, by majority vote at a regularly scheduled meeting, the renewal provisions contained herein, and direct the Mayor, or a Committee to be appointed by the Mayor, or any other City officer, independent contractor or employee, to negotiate the terms and conditions of a renewal Franchise Agreement with the Grantee. Such suspension of renewal provisions shall be subject to such terms, conditions and limitations, as the Common Council may impose at the time of adoption of said Resolution, and the Act.