Renewal franchise authorizing the provision of cable service shall be conducted in a manner consistent with § 626 of the Cable Act, 47 U.S.C. § 546. If neither the franchisee nor the Township activates or can activate the renewal process set forth in 47 U.S.C. § 546(a) through (c) (including, for example, if the provisions are repealed), the provisions of §
123-12 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) through (c) are activated:
A. Within six months after receipt of notice from a franchisee
that has invoked the renewal procedures of § 626 of the Cable Act,
the Township shall undertake a proceeding, including notice to, and opportunity
for participation by, the public, for the purpose of:
(1) Identifying future cable-related community needs and
interests, including the costs of meeting such needs and interests.
(2) Reviewing compliance by the franchisee with the then
current franchise. Such proceeding shall be completed within 12 months from
the date begun. The Township shall submit a copy of its findings, if any,
in writing to the franchisee within said twelve-month period.
B. Upon the expiration of the twelve-month period set forth in Subsection
A above, the franchisee may submit to the Township a proposal for renewal.
C. Upon receipt of the renewal application, the Township
shall publish a notice of its receipt once in a newspaper of general circulation
within the Township and make copies available for review by the public.
D. Within four months of the date it receives the proposal for renewal and based on the standards set forth in §
123-12D of this chapter, the Township will either:
(1) Pass a resolution agreeing to renew the franchise, subject
to the negotiation of a franchise agreement satisfactory to the Township and
the franchisee.
(2) Pass a resolution that makes a preliminary assessment
that the franchise should not be renewed.
(3) Provided that, if the Township and a franchisee cannot
reach a franchise agreement within four months after the proposal is received,
then the resolution agreeing to renewal shall be deemed a resolution preliminarily
assessing that the franchise should not be renewed.
E. If a preliminary assessment is made that a franchise
should not be renewed, at the request of the franchisee, the Township will
commence a proceeding in accordance with § 626(c) of the Cable Act,
47 U.S.C. § 546(c), to address the issues set forth in § 626(c)(1)(A)
through (D) of the Cable Act, 47 U.S.C. § 546(c)(1)(A) through (D).
F. If renewal of a franchise is denied, the Township may
acquire ownership of broadband 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
broadband system valued as a going concern but with no value allocated to
the franchise itself.
G. If renewal of a franchise is denied and the Township
does not purchase the broadband system or approve or effect a transfer of
the broadband system to another person, the Township 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 Township may have the removal done at the former franchisee's
and/or surety's expense.
H. To the extent that any of the substantive provisions
of this chapter are inconsistent with § 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 § 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 Township 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.
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.