5.60.400 Cable franchise renewals – Procedure.
A. If the provisions of 47 U.S.C. Section 546(a) through (g) are properly invoked, the City may:
1. Conduct to its conclusion a proceeding to review past performance and identify future cable-related community needs and interests;
2. Issue a Request for Proposal (“RFP”);
3. Provide public notice and opportunity to comment on the franchise proposal;
4. Seek additional information related to the City’s evaluation of the proposal given the standards for review of that proposal under applicable law;
5. After receiving the application responding to the RFP, and any additional information required, the City council may determine, by resolution, that the cable franchise should be renewed, or make a preliminary assessment that the cable franchise should not be renewed.
B. If the City council preliminarily decides that the cable franchise should not be renewed, and the grantee notifies the City within thirty (30) business days of the preliminary decision, that it wishes to pursue any rights to an administrative proceeding it has under the Cable Act, then the City will commence an administrative proceeding after providing prompt public notice thereof, in accordance with the Cable Act.
C. If the City council preliminarily decides to grant renewal:
1. The City will prepare a proposed cable franchise agreement that incorporates, as appropriate, the commitments made in the application.
2. If there is concurrence in the proposed agreement, it will be scheduled for additional city council action. If adopted by the City council, the cable franchise will be renewed and approved by Council Resolution.
3. If the cable franchise grant is not accepted and ratified within the time limits established by 47 U.S.C. Section 546(c)(1), then renewal is deemed preliminarily denied, and an administrative proceeding will be commenced if requested within thirty (30) business days of the expiration of the time limit established by 47 U.S.C. Section 546(c)(1), unless the time limit is extended by mutual agreement.
D. If an administrative hearing is commenced pursuant to 47 U.S.C. Section 546(c), the application will be evaluated in a manner consistent with applicable law.
E. A grantee is not prohibited from submitting an informal renewal proposal pursuant to 47 U.S.C. Section 546(h), which proposal may be granted or denied in accordance with the provisions of 47 U.S.C. Section 546(h). (Ord. 2546 § 2 (part), 2010: Ord. 2174 § 1 (part), 2003).