§ 8. Renewal of franchise.

(a)

A renewal of a Franchise shall be conducted in accord with the provisions of federal law governing same (47 U.S.C. § 546). During the six-month period which begins with the thirty-sixth-month before the Franchise expiration, the County may, on its own initiative, and shall, at the Franchisee's request, commence ascertainment proceedings for the purpose of:

(1)

Identifying the future cable-related community needs and interests;

(2)

Reviewing the Franchisee's performance under the Franchise Agreement during the then current Franchise term.

(b)

Upon completion of the ascertainment proceedings under subsection (a) of this section, the Franchisee may, on its own initiative or at the County's request, submit a proposal for renewal. Subject to federal law (47 U.S.C. § 544), any such proposal shall contain such material as the County may require, including proposals for an upgrade of the system. The County may establish a date by which such proposal shall be submitted, which date shall be no earlier than thirty (30) days following the date of the request for proposal.

(c)

Upon submission of a proposal, the County shall provide prompt public notice of the proposal and, within four (4) months of the date of submission of a proposal pursuant to subsection (b), either renew the Franchise or issue a preliminary assessment that the Franchise should not be renewed. In the event that the County determines that the Franchise should not be renewed, the County shall, at the request of the Franchisee or on its own initiative and after providing prompt public notice thereof, commence an administrative hearing to determine whether:

(1)

The Franchisee has substantially complied with the material terms of the existing Franchise and with applicable law;

(2)

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, provided over the system has been reasonable in light of community needs;

(3)

The Franchisee has the financial, legal, and technical ability to provide the services, facilities, and equipment set forth in the Franchisee's proposal; and

(4)

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.

(d)

In any renewal proceeding, the Franchisee shall be afforded adequate notice and the Franchisee and the County, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence to require the production of evidence and to question witnesses. A transcript shall be made of any such proceeding.

(e)

At the conclusion of a proceeding under this section, the County shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding and provide a copy to the Franchisee. Such decision shall state the reasons, therefor.

(f)

Any denial of a proposal for renewal shall be based on one (1) or more adverse findings made with respect to the factors described in subsection (c) of this section. Pursuant to the record of the proceeding under subsection (c) of this section, the County may not base a denial of renewal on a failure to substantially comply with the material terms of the Franchise under subsection (c)(1) of this section or on events considered under subsection (c)(2) of this section unless the County has provided the Franchisee notice and the opportunity to cure, or in any case in which the County has waived its right to object, or has effectively acquiesced.

(g)

(1)

Any Franchisee whose proposal for renewal has been denied by a final decision of the County 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 (47 U.S.C. § 555).

(2)

The court shall grant appropriate relief if the court finds that:

(i)

Any action of the County other than harmless error, is not in compliance with the procedural requirements of this section; or

(ii)

In the event of a final decision of the County denying the renewal proposal, the Franchisee has demonstrated that the adverse finding of the County with respect to each of the factors described in subparagraphs (1) through (4) of subsection (c) which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under subsection (c).

(h)

Any decision of the County on a proposal for renewal shall not be considered final unless all administrative review by the state has occurred or the opportunity therefore has lapsed.

(i)

For purposes of this section, the "franchise expiration" means the date of the expiration of the term of the franchise, as provided under the franchise.

(j)

Notwithstanding the provisions of this section, the Franchisee may submit a proposal for the renewal of Franchise, and the County may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal on an informal basis at any time (including after proceedings pursuant to this section have commenced). The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (a) through (f) of this section.

(k)

Upon either a final determination of nonrenewal or lawful revocation of a Franchise, the County shall have discretion to permit a Franchisee by mutual consent to continue to operate the Cable System for an extended period of time agreed upon by the parties. Any such operation of the system, by the Franchisee shall be in accordance with the terms and conditions of this Ordinance and the applicable Franchise Agreement, and shall provide the regular Subscriber service and any and all of the services that may be provided at that time.

(l)

A renewal agreement shall contain, at a minimum, the information required in subsection 12(i) of this Ordinance, including a construction schedule for any upgrades, rebuilds or extensions of the Cable System which may be required, as applicable.

(Ord. No. 2006-6, 2-28-06)