§ 14-5. Term of franchise.

(a)

The length of term for all new and renewal franchises shall be 15 years following the date such franchise is accepted by the grantee; provided, however, that should FCC certification be necessary prior to the implementation of the cable television service contemplated under the franchise, then the term shall begin upon the effective date of the grant by the FCC of the necessary certification.

(b)

Upon application of the grantee and review of the performance of the grantee in a public proceeding, the franchise authority may renew by ordinance the franchise for successive ten-year periods, with such modification of terms as the franchise authority and grantee may mutually determine in each instance.

(c)

The franchise authority may terminate the franchise if the grantee shall refuse or neglect to comply with any material requirement or limitation contained in this article.

(d)

Should the franchise authority determine that the grantee is not, in its opinion, in compliance with this article and the franchise issued under this article, it shall so notify the grantee, and the grantee shall, within 30 days, bring the franchised system into compliance, reporting corrective action taken to the franchise authority.

(e)

If the franchise authority is not satisfied that compliance has been achieved, or that good faith progress is being made toward compliance, it may schedule a public hearing to determine whether the franchise should be revoked. The grantee and the public shall be given at least 60 days' notice of such hearing, and all interested parties shall be heard in open hearing. Within 30 days of the public hearing, the franchise authority shall make its determination whether or not the franchise should be terminated and shall set forth, in writing, the facts and reasons upon which its decision is based.

(Code 1985, § 6-5; Ord. No. 98-10-86, § I, 10-26-1998)