§ 12-26. Renewal of franchise.

(A)

Renewal of a franchise shall be conducted in a manner consistent with 47 U.S.C. §546. To the extent they are consistent with applicable law, the following requirements shall also apply:

(1)

The application shall comply with the requirements of this section and provide the specific information requested in the County's notice for renewal proposal. The County's notice may specify a reasonable deadline for filing an application, but the deadline for filing the application shall be no earlier than thirty (30) calendar days following the date of the notice.

(2)

Upon a proposal for renewal of a franchise, the County shall determine the state-of-the art level of services needed to satisfy the community's cable related needs and interests. The proposal for renewal shall set forth the technical, equipment, construction, customer service, system and performance upgrades and activation schedule the franchisee shall implement to meet the state of the art interests.

(B)

Any request to initiate a renewal process or proposal for renewal not submitted within the time period set forth in §47 U.S.C. § 546(a), shall be deemed an informal proposal for renewal and shall be governed in accordance with 47 U.S.C. § 546(h). The County 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 shall determine whether the franchise should be renewed and the terms and conditions of any renewal.

(C)

If the Board grants a renewal application pursuant to 47 U.S.C. § 546(h), 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.

(D)

If renewal of a franchise is lawfully denied, the County may acquire ownership of the cable system or effect a transfer of the cable system to another person upon approval of the Board consistent with the terms of 47 U.S.C. §547.

(E)

If renewal of a franchise is lawfully denied and the County does not purchase the cable system or approve or effect 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.

(F)

The fee for consideration of a renewal proposal is set forth at Section 12-091.

(G)

Period of effectiveness. The renewal shall be for a period not to exceed ten (10) years. Depending upon the facts and circumstances, the County may provide for a shorter term in the franchise agreement.

(Ord. No. 98-20, § 1, 9-15-98)