Title 16 HIGHWAYS[1]
Chapter 16.69 RENEWAL OF FRANCHISE
16.69.010 Franchise renewal.
16.69.020 Cable Act Section 626 renewal.
16.69.025 Renewals outside provisions of Cable Act Section 626(A) through (G).
16.69.030 Notices to subscribers regarding renewal.
16.69.035 Renewal of expired franchises.
16.69.040 Waiver of Cable Act Section 626 renewal.
16.69.050 Contents of application for renewal.
16.69.060 Renewal processing fee.
16.69.070 Processing of application for renewal.
16.69.010 Franchise renewal.
Franchise renewal may be effected under Section 626 of the Cable
Act, or under an alternative method. (Ord. 88-0159F § 1 (part),
1988.)
16.69.020 Cable Act Section 626 renewal.
The following procedure shall be followed for all renewals effected
under Section 626 of the Cable Act:
A. During the six-month period which
begins with the 36th month before the franchise expiration, the county may on
its own initiative, and shall at the request of the franchisee, 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
franchisee under the franchisee during the then current franchise term.
B.1.
Upon completion of a proceeding under subsection A, the franchisee seeking
renewal of a franchise may, on its own initiative or at the request of the
director, submit a proposal for renewal.
2. Subject to Section 624 of the
Cable Act, any such proposal shall contain such material as the director may
require, including proposals to upgrade the cable system.
3. The director
may establish a date by which such proposal shall be submitted.
C.1. Upon
submittal by the franchisee of a proposal for the renewal of a franchise, the
county 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 franchisee or on its
own initiative, commence an administrative proceeding, after providing prompt
public notice of such proceeding, in accordance with subsection (C)(2) to
consider whether:
a. The franchisee has substantially complied with the
material terms of the existing franchise and with applicable law;
b. The
quality of the franchisee’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 franchisee has the
financial, legal and technical ability to provide the services, facilities and
equipment as set forth in the franchisee’s proposal; and
d. The
franchisee’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 subsection (C)(1), the
franchisee shall be afforded adequate notice and the franchisee and the director
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 C, the director 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
franchisee. 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 the proceeding under subsection (c). The
county will 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
December 29, 1984 unless the director has provided the franchisee with notice
and the opportunity to cure, or in any case in which it is documented that the
county has waived its right to object or has effectively acquiesced.
E. Any
franchisee whose proposal for renewal has been denied by a final decision of the
director made pursuant to this section, or has been adversely affected by a
failure of the county 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 of the Cable Act.
F. 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 ordinance granting the
franchise, as it was in effect on December 29, 1984. (Ord. 88-0159F § 1
(part), 1988.)
16.69.025 Renewals outside provisions of Cable Act Section 626(A) through (G).
A. Notwithstanding the provisions of Section 16.69.020, a franchisee may
submit a proposal for the renewal of a franchise pursuant to this section at any
time, and the county 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
Section 16.69.020 shall not apply to a decision to grant or deny a proposal
under this subsection. The denial of a renewal pursuant to this section shall
not affect action on a renewal proposal that is submitted in accordance with
Section 16.69.020.
B. Proposals for renewal outside of the provisions of
Section 626(A) through (G) of the Cable Act and Section 16.69.020 of this Code
should be made no later than 24 months prior to the expiration of the franchise
in order to allow adequate time for county to process the application.
Franchisee shall be responsible for any additional costs incurred by the county
in processing an application made less than 24 months prior to the expiration of
the franchise. The provisions of Chapter 16.62 shall apply to this section.
(Ord. 88-0159F § 1 (part), 1988.)
16.69.030 Notices to subscribers regarding renewal.
A. After filing a proposal for renewal, the franchisee shall submit in the
billing sent to subscribers a notice of the pending proposal and notice of any
public hearings or meetings. Such notice shall not be more than 60 and not less
than 10 days prior to the subject meeting.
B. Upon determination of public
hearing date, notice shall be made over appropriate PEG channel(s) at least
hourly between the hours of 7:00 to 9:00 A.M. and 6:00 to 9:00 P.M. and for five
consecutive days, not less than three days nor more than 14 days prior to the
date of the public hearing. (Ord. 88-0159F § 1 (part), 1988.)
16.69.035 Renewal of expired franchises.
The county reserves the right to grant or deny any renewal of the
franchise that is requested after the expiration of the initial term of the
franchise and to condition any such renewal upon the franchisee’s
agreement to comply fully with all amendments or other modifications to the
franchise as may be specified by the board or director. (Ord. 88-0159F § 1
(part), 1988.)
16.69.040 Waiver of Cable Act Section 626 renewal.
If franchisee does not timely initiate proceedings pursuant to and
in accordance with Section 626 of the Cable Act, franchisee shall be deemed to
have waived the provisions thereof. (Ord. 88-0159F § 1 (part),
1988.)
16.69.050 Contents of application for renewal.
The application for renewal shall address the requirements
specified in Chapter 16.62, as applicable, and in Section 16.68.120. The
proposal shall specifically address the community needs and interests, and shall
set forth how the franchisee will meet those community needs and interests. It
shall set forth the extent to which the cable system will be upgraded,
modernized or rebuilt, taking into account the then state-of-the-art cable
systems and technology and the cost of such improvements and alterations. (Ord.
88-0159F § 1 (part), 1988.)
16.69.060 Renewal processing fee.
Each applicant for renewal must furnish with its proposal a
nonrefundable filing fee in the amount set forth in Section 16.62.025. The
applicant shall pay any additional costs incurred by the county as provided in
subsection C of said section. (Ord. 88-0159F § 1 (part), 1988.)
16.69.070 Processing of application for renewal.
Subject to Section 626 of the Cable Act, the procedure to process
an application for franchise as specified in Chapter 16.62 of this code shall be
followed for all applications for renewal. (Ord. 88-0159F § 1 (part),
1988.)
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