Application for grant of a renewal franchise shall be conducted in a manner consistent with Section 626 of the Cable Act, 47 U.S.C. § 546. If neither the franchisee nor the Borough activates or can activate the renewal process set forth in 47 U.S.C. § 546(a)-(c) (including, for example, if the provisions are repealed), the provisions of §
80-7 shall apply, and a renewal request shall be treated the same as a request for an initial franchise. The following additional requirements shall apply to all applicants seeking renewal after the effective date of this chapter where the procedures set forth in 47 U.S.C. § 546(a)-(c) are activated:
A. Upon completion of the review and evaluation process
set forth in Section 626(a)(1) and (2) of the Cable Act, 47 U.S.C. § 546(a)(1)
and (2), should that process be invoked, a cable operator seeking renewal
of a franchise may, on its own initiative or at the request of a franchising
authority, submit a proposal for renewal.
B. Upon receipt of the proposal for renewal, the Borough
shall publish notice of its receipt and make copies available for review by
the public.
C. Within four months of the date it receives the proposal
for renewal, and based on the standards set forth in Section 626 (c) of the
Cable Act, 47 U.S.C. § 546(c), the Borough will either:
(1) Pass a resolution agreeing to renew the franchise, subject to the negotiation of franchise terms mutually satisfactory and agreeable to the Borough and the franchisee and subject to written acceptance by the franchisee as provided for in §
80-7F of this chapter; or
(2) Pass a resolution that makes a preliminary assessment
that the franchise should not be renewed.
D. If a preliminary assessment is made that a franchise
should not be renewed, at the request of the franchisee, the Borough will
commence a proceeding in accordance with Section 626(c) of the Cable Act,
47 U.S.C. § 546(c), to address the issues set forth in Section 626(c)(1)(A)-(D)
of the Cable Act, 47 U.S.C. § 546(c)(1)(A)-(D).
E. If renewal of a franchise is denied, the Borough may
acquire ownership of the cable system or effect a transfer of ownership of
the system to another person upon approval of the Board. Any such acquisition
or transfer shall be at fair market value, determined on the basis of the
cable system valued as a going concern but with no value allocated to the
franchise itself.
F. If renewal of a franchise is denied and the Borough does
not purchase the cable system or approve or effect a transfer of the cable
system to another person, the Borough may require the former franchisee to
remove its facilities and equipment at the former franchisee's expense.
If the former franchisee fails to do so within a reasonable period of time,
the Borough may have the removal done at the former franchisee's and/or
surety's expense.
G. To the extent that any of the provisions of this chapter
are inconsistent with Section 626 of the Cable Act, 47 U.S.C. § 546,
they shall not apply.
An application for modification of a franchise agreement shall include,
at minimum, the following information:
A. The specific modification requested.
B. The justification for the requested modification, including
the impact of the requested modification on subscribers and others, and the
financial impact on the applicant if the modification is approved or disapproved,
demonstrated through, inter alia, submission of financial pro formas.
C. A statement whether the modification is sought pursuant
to Section 625 of the Cable Act, 47 U.S.C. § 545, and, if so, a
demonstration that the requested modification meets the standards set forth
in 47 U.S.C. § 545.
D. Any other information that the applicant believes is
necessary for the Borough to make an informed determination on the application
for modification.
E. An affidavit or declaration of the applicant or authorized
officer certifying the truth and accuracy of the information in the application
and certifying that the application is consistent with all federal and state
law requirements.
To be acceptable for filing, an application submitted after the effective
date of this chapter shall be accompanied by a filing fee in the following
amount, as appropriate:
A. For an initial franchise: $250.
(1) The request for issuance of an RFP: $250.
(2) The response to the RFP or the unsolicited proposal:
$250.
B. For renewal of a franchise: $1,000.
C. For modification of a franchise agreement: $500.
An applicant shall be notified of any public hearing held in connection
with the evaluation of its proposal and shall be given an opportunity to be
heard.
The Borough may grant one or more cable television franchises, and each
such franchise shall be awarded in accordance with and subject to the provisions
of this chapter. This chapter may be amended from time to time; however, no
such amendment shall foreclose the franchisee's vested right hereunder
to occupy the franchise for its duration except as otherwise provided hereunder.