744-00 Renew FSN Cable TV Franchise

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dddddd ! ,,,Y request of the Grantee, commence proceedings for the purpose of: i. identifying the future cable-related community needs and interests; and ii. reviewing the performance of the Grantee under the Franchise during the then current franchise term. B. Upon completion of a proceeding under Section 2.3, subsection A., the Grantee may, on its own initiative or at the request of the City, submit a proposal for renewal. Subject to the Cable Act at 47 U.S.C., Section 624 such proposal for renewal shall contain all information required of any Person applying for the Franchise hereunder, and, at the City's request, may need to include a proposal for upgrade of the System. The City Council reserves the right to set a date by which a proposal for renewal must be received by the City. C. The request for renewal shall be considered in accordance with the procedures set forth in the Cable Act at 47 U.S.C., Section 543, as amended from time to time. D. If the City Council determines that the Franchise should be renewed based upon its findings made with respect to the factors described in subparagraphs (A) through (D) of subsection (c)(1) of the Cable Act at 47 U.S.C., Section 546, the City Council shall renew the Grantee's Franchise for a period of time not inconsistent with the provisions of Section 2.1 of this Article. E. In the event the City determines that the Grantee is not entitled to renewal of the Franchise in accordance with procedure and standards set forth in the Cable Act, the city shall have the right not to renew the Franchise. If the City does not renew the Franchise,the Grantee shall have a reasonable length of time to attempt to find a buyer, satisfactory to the City,to buy the assets of the System owned by the Grantee and obtain a Franchise to operate the System. If the Grantee cannot find such a buyer, the City, to the extent then permitted by existing law, shall have the option to either: i. Require the removal of all property owned by the Grantee that is located within the Public Ways of the city. Furthermore, in removing its plant, structures, and equipment, the Grantee shall refill at its own expense any excavation that shall be made by it and shall leave all Public Ways and places in as good condition as that prevailing prior to the Grantee's removal of its equipment and appliances, without affecting the electric or telephone cables,wires or attachments. The City shall inspect and approve the conditions of the Public Ways and public places and cables, wires, attachments, and poles after removal. The liability insurance, indemnity provided in Section 2.7 shall continue in full force and effect during the period of removal. ii. Require the Grantee to abandon in place in any property which, in the City's opinion, would be too disruptive to the Public Ways to be removed. F. The City's above stated options must be exercised within one (1) year from the date of the expiration of the Franchise unless such period is extended with the consent of the Grantee.