§ 26-19. Same—Renewal.
(a)
Any proceedings undertaken by the city that relate to the renewal of the licensee's license shall be governed by and comply with the provisions of section 626 of the Cable Act, 47 USC 546, as such existed as of the effective date of the Cable Act, unless the provisions set forth therein shall have been rendered inoperable by the provisions of subsequent law.
(b)
In addition to the procedures set forth in section 626(a) of the Cable Act, 47 USC 546, the city shall notify licensee of the city's preliminary assessment regarding the identity of future cable related community needs and interests as well as the past performance of licensee under the then current license term. The city's preliminary assessment shall be provided to the licensee prior to the time that the four-month period referred to in subsection (c) of section 626 of the Cable Act, 47 USC 546, is considered to begin. Notwithstanding anything to the contrary set forth in this section and consistent with subsection (h) of section 626 of the Cable Act, 47 USC 546(h), at any time during the term of the then current license, the city and licensee may undertake and finalize negotiations regarding renewal or extension of the then current license and the city may grant a renewal or extension of the license. The terms set forth in this section shall be considered consistent with and subject to the express provisions of section 626 of the Cable Act. The provisions of this subsection notwithstanding, the city may grant extensions to the then existing license term to the extent appropriate under the circumstances, so long as such extensions are not in lieu of the licensee's ultimate right to be considered for renewal under this chapter, and are consistent with applicable law.
(c)
Section 626 of the Cable Act provides as follows:
Renewal
Sec. 626.
(a)
During the six-month period which begins with the 36th month before the franchise expiration, the franchising authority may on its own initiative, and shall at the request of the cable operator, commence proceedings which afford the public in the franchise area appropriate notice and participation for the purpose of:
(1)
Identifying the future cable-related community needs and interests; and
(2)
Reviewing the performance of the cable operator under the franchise during the then current franchise term.
(b)
(1)
Upon completion of a proceeding under subsection (a), a cable operator seeking renewal of a franchise may, on its own initiative or at the request of a franchising authority, submit a proposal for renewal.
(2)
Subject to section 624, any such proposal shall contain such material as the franchising authority may require, including proposals for an upgrade of the cable system.
(3)
The franchising authority may establish a date by which such proposal shall be submitted.
(c)
(1)
Upon submittal by a cable operator of a proposal to the franchising authority for the renewal of a franchise, the franchising authority shall provide prompt public notice of such proposal and, during the four-month period which begins on the completion of any proceedings under subsection (a) renew the franchise, or issue a preliminary assessment that the franchise should not be renewed and, at the request of the operator or on its own initiative, commence an administration proceeding after providing prompt public notice of such proceeding in accordance with paragraph (2) to consider whether:
(A)
The cable operator has substantially complied with the material terms of the existing franchise and with applicable law;
(B)
The quality of the operator's service including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system, has been reasonable in light of community needs;
(C)
The operator has the financial, legal and technical ability to provide the services, facilities, and equipment as set forth in the operator's proposal; and
(D)
The operator'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.
(2)
In any proceeding under paragraph (1), the cable operator shall be afforded adequate notice and the cable operator and the franchising authority, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence [including evidence related to issues raised in the proceeding under subsection (a)], to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding.
(3)
At the completion of a proceeding under this subsection, the franchising authority shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the cable operator. Such decision shall state the reasons therefor.
(d)
Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in subparagraphs (A) through (D) of subsection (c)(1), pursuant to the record of proceedings under subsection (c). A franchising authority may not base a denial of renewal on a failure to substantially comply with the material terms of the franchise under subsection (c)(1)(A) or on events considered under subsection (c)(1)(B) in any case in which a violation of the franchise or the events considered under subsection (c)(1)(B) occur after the effective date of this title unless the franchising authority has provided the operator with notice and the opportunity to cure, or in any case in which it is documented that the franchising authority has waived its right to object, or has effectively acquiesced.
(e)
(1)
Any cable operator whose proposal for renewal has been denied by a final decision of a franchising authority made pursuant to this section, or has been adversely affected by a failure of the franchising authority to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the provisions of section 635.
(2)
The court shall grant appropriate relief if the court finds that:
(A)
Any action of the franchising authority is not in compliance with the procedural requirements of this section; or
(B)
In the event of a final decision of the franchising authority denying the renewal proposal, the operator has demonstrated that the adverse finding of the franchising authority with respect to each of the factors described in subparagraphs (A) through (D) of subsection (c)(1) on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under subsection (c).
(f)
Any decision of a franchising authority on a proposal for renewal shall not be considered final unless all administrative review by the state has occurred or the opportunity therefor has lapsed.
(g)
For purposes of this section, the term "franchise expiration" means the date of the expiration of the term of the franchise, as provided under the franchise, as it was in effect on the date of the enactment of this title.
(h)
Notwithstanding the provisions of subsections (a) through (g) of this section, a cable operator may submit a proposal for the renewal of a franchise pursuant to this subsection at any time, and a franchising authority may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced). The provisions of subsections (a) through (g) of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (a) through (g).
(Code 1965, §§ 7.282(b), 7.283)