§ 58-4.216. Franchise renewal procedure.

(1)

The procedure for franchise renewal shall be in accordance with applicable federal and state statutes.

(2)

In the absence of any federal or state statute specifically governing franchise renewal procedures, the following procedure shall apply, to the extent consistent with applicable law.

(a)

At any time between twenty-four months and twelve months prior to the expiration of a franchise, a cable operator may apply for renewal of its franchise. Such application shall be made under the provisions of Sections 58-4.210, Franchise applications, through 58-4.212, Application fee.

(b)

Within twelve months of receipt of a completed application for renewal, the board of supervisors shall hold a public hearing having afforded the operator reasonable notice of such hearing. After this public hearing, the board of supervisors shall grant or deny the application, basing its decision on the following factors:

(i)

The operator's substantial compliance with the material terms of the existing franchise and applicable law;

(ii)

The quality of the operator's services to its subscribers, including signal quality, response to consumer complaints and billing practices, but without regard to the mix or quality of cable services provided over the cable system, has been reasonable in light of community needs;

(iii)

Present and future cable-related community needs and interests of the operator's current and potential subscribers, taking into account the cost of meeting such needs and interests;

(iv)

The operator's financial, legal and technical qualifications to provide the services, facilities and equipment as set forth in the operator's proposal; and

(v)

Such additional factors as the board of supervisors considers relevant to the renewal of the franchise.

(c)

In any renewal proceeding, the operator shall be afforded adequate notice and shall be afforded fair opportunity for full participation. The operator at its election and expense may have a transcript made of any such proceeding.

(d)

The board of supervisors, after a public hearing, may grant or deny a renewal application based on the criteria set forth in this section. The board of supervisors shall grant or deny such application by resolution and, where the application is denied, the board of supervisors shall state the reasons therefor.

(Ords. 2006-65 § 3, 93-55).