§ 25-2-105. RENEWAL OF FRANCHISE.

(a)

Franchisee may choose procedure. A franchisee may renew a franchise under the formal or informal procedures established under § 626 of the Federal Communications Act of 1934.

(b)

Formal renewal.

(1)

Not less than 30 months and not more than 36 months before the expiration of the franchise, a franchisee that intends to invoke the formal franchise renewal process under § 626 of the Federal Communications Act of 1934 shall notify the County Council of its intention to invoke the formal procedure.

(2)

Within 6 months after receiving a formal request for franchise renewal, the county shall conduct a review that:

(i)

Identifies the future cable-related community needs and interests;

(ii)

Evaluates the performance of the franchisee under the current franchise; and

(iii)

Includes notice to the public of the review and opportunity for comment.

(3)

(i)

After completion of the county review, on its own initiative or at the request of the County Council, the franchisee may submit an application for renewal.

(ii)

The application shall contain a renewal proposal and any other information required by the County Council.

(4)

On receipt of the application for renewal, the County Council shall provide public notice of the franchisee's proposal.

(5)

In assessing the franchisee's application, the County Council shall consider whether:

(i)

The franchisee has substantially complied with the material terms of the existing franchise agreement and applicable law;

(ii)

The quality of the franchisee's service, including signal quality, response to consumer complaints, and billing practices, has been reasonable in light of community needs;

(iii)

The franchisee has the technical, financial, and legal ability to provide the services, facilities, and equipment described in the franchisee's proposal; and

(iv)

The franchisee's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting those needs and interests.

(6)

Within 4 months after receiving the application for renewal, the County Council shall renew the franchise or issue a preliminary assessment that the franchise should not be renewed.

(7)

(i)

If the County Council makes a preliminary assessment that the franchise should not be renewed, at the request of the franchisee, the County Council shall initiate an administrative proceeding in accordance with § 626(c) of the Federal Communications Act of 1934.

(ii)

At the completion of the proceeding, the County Council shall issue a written decision granting or denying the application for renewal.

(c)

Informal renewal.

(1)

A franchisee may submit an application containing a proposal for renewal under § 626(h) of the Federal Communications Act of 1934.

(2)

After providing public notice and an opportunity for public comment, the County Council may grant or deny the application.

(d)

Approval of renewal. If the County Council approves an application for renewal, the county and the franchisee shall agree on the terms of a franchise agreement before the renewal may become effective.

(e)

Denial of renewal.

(1)

If County Council denies renewal of a franchise, the county may acquire ownership of the cable system or effect a transfer of ownership of the cable system to another entity with the approval of the County Council.

(2)

The county may acquire a cable system at fair market value only.

(f)

Removal of equipment.

(1)

If the County Council denies renewal of a franchise and the county does not purchase the cable system, the county may require the former franchisee to remove its cables, equipment, and facilities.

(2)

If the franchisee does not remove its cables, equipment, and facilities within a reasonable period, the county may cause removal at the former franchisee's expense.

(1988 Code, §§ 8-18, 8-19) (Bill No. 134-97, §§ 1, 2, 12-5-1997; Bill No. 31-03, § 2, 7-1-2004)