92-19. Renewal of Franchise; Periodic Review.

  1. Renewal procedure. At least 1 year prior to the expiration of the franchise, the grantee shall inform the County in writing of its intent to seek renewal of the franchise. The County shall proceed to determine whether the grantee has satisfactorily performed its obligations under the agreement. To determine satisfactory performance, the County shall consider technical developments and performance of the system programming, other services offered, cost of service and any other particular requirements set forth in the agreement. Industry performance on a national basis shall be considered. Provision shall be made for community comment. A 4 month period shall be provided to determine the grantee's eligibility for renewal. The County then shall prepare within 2 months any amendments to the agreement it believes necessary and submit such changes to the grantee. If the County finds the grantee's performance satisfactory, a new franchise shall be granted pursuant to the agreement, as amended, for a period of 5 years with an option to renew for an additional 5 years. In the event the grantee is determined by the County to have performed unsatisfactorily, new applicants shall be sought and evaluated and a franchise award shall be made by the County according to franchising procedures adopted by the County.
  2. Periodic review. The County and the grantee shall hold scheduled review sessions within 180 days of the third anniversary date of award of the franchise under the agreement. Special review sessions may be held at any time during the term of the franchise at the request of the County or the grantee. The following topics shall be discussed at each review session: service rate structures, free or discounted services, application of new technologies, system performance, services provided, programming offered, customer complaints and judicial and Federal Communications Commission rulings. Topics in addition to those listed may be added. The specific purpose of the review session before the third-year anniversary date under the franchise agreement will be for properly gauging the performance of the grantee in providing cable service in the prescribed area to adequately determine whether the citizens are receiving service which meets the expectations of the franchise agreement.