§ 26-12. Renewal of franchise.

Renewal shall be conducted in a manner consistent with §626 of the cable act, 47 U.S.C. §546. To the extent such additional requirements are not prohibited by applicable law, the following requirements shall apply:

(1)

Upon completion of the review and evaluation process set forth in §626(a)(1)(2) of the cable act, 47 U.S.C. §546, should that process be invoked, the county shall notify the franchisee that it may file a renewal application including a renewal proposal. The notice shall specify the information to be included in the renewal application and the deadline for filing the application, which shall be no earlier than 30 calendar days following the date of the notice.

a.

The application shall comply with the requirements of section 26-9(a), (b), (c) and (j), herein and provide the specific information requested in the notice. If the franchisee does not submit a renewal application by the date specified in the county's notice to the franchisee pursuant to this subsection, the franchisee will be deemed not to be seeking renewal of its franchise.

b.

Upon receipt of the renewal application, the county shall publish notice of its receipt and make copies available to the public. The county, following prior public notice, may hold one or more public hearings on the renewal application.

(2)

The board shall consider the renewal application at a public hearing at which the board will either:

a.

Pass a resolution agreeing to renew the franchise, subject to the negotiation of a franchise agreement satisfactory to the county and the franchisee; or

b.

Pass a resolution that makes a preliminary assessment that the franchise should not be renewed.

(3)

If a preliminary assessment is made that a franchise should not be renewed, at the request of the franchisee or on its own initiative, the county will commence a proceeding in accordance with §626(c) of the cable act, 47 U.S.C. §546(c), to address the issues set forth in §626(c)(1)(A)-(D) of the cable act, 47 U.S.C. §546(c)(i)(A)-(D). Any denial of a proposal for renewal that has been submitted in compliance with subsection (b) of § 546 shall be based on one or more adverse findings made with respect to the factors described in § 546(c)(1)(A)-(D), pursuant to the record of proceedings under §546(c). The county shall not base a denial of renewal on a failure to substantially comply with the material terms of the franchise under § 546(c)(1)(A) or on events considered under §546(c)(1)(B) unless the county has provided the franchisee with notice and opportunity to cure, or in any case in which it is documented that the county has waived its right to object, or the franchisee gives written notice of a failure or inability to cure and the county fails to object within a reasonable time after receipt of such notice.

(4)

Any request to initiate a renewal process or proposal for renewal not submitted within the time period set forth in §626(a) of the cable act, 47 U.S.C. §546(a), shall be deemed an informal proposal for renewal and shall be governed in accordance with §626(h) of the cable act, 47 U.S.C. §546(h). The board of county commissioners may hold one or more public hearings or implement other procedures under which comments from the public on an informal proposal for renewal may be received. Following such public hearings or other procedures, the board of county commissioners shall determine whether the franchise should be renewed and the terms and conditions of any renewal.

(5)

If the board of county commissioners grants a renewal application, the county and the franchisee shall agree on the terms of a franchise agreement, pursuant to the procedures specified in this chapter, before such renewal becomes effective.

(6)

If renewal of a franchise is lawfully denied, the county may acquire ownership of the cable system or require a transfer of the system upon approval of the board of county commissioners. The county may not acquire ownership of the system or approve a transfer while an appeal of a denial for renewal is pending in any court pursuant to 47 U.S.C. § 546(e).

(7)

If renewal of a franchise is lawfully denied and no appeal to a court is pending, and the county does not purchase the cable system or approve or require a transfer of the cable system to another person, the county may require the former franchisee to remove its facilities and equipment at the former franchisee's expense. If the former franchisee fails to do so within a reasonable period of time, the county may have the removal done at the former franchisee's and/or surety's expense.

(Ord. No. 02-18, § 2, 7-30-02)