Renewal shall be conducted in a manner consistent
with Section 626 of the Cable Act, 47 U.S.C. § 546. 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. 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,
submit an informal proposal or, at the request of a township, in accordance
with notice from the township, submit a proposal for renewal.
B. Upon receipt of the formal renewal application, the
township 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 formal proposal for renewal and based on the standards set forth in §
18-12D of this chapter, the township will either pass a resolution agreeing to renew the franchise, subject to the negotiation of a franchise agreement satisfactory to the township and the franchisee, or pass a resolution that makes a preliminary assessment that the franchise should not be renewed, 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.
D. 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 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) through (D) of the Cable Act, 47 U.S.C.
§ 546(c)(1)(A) through (D).
E. If renewal of a franchise is denied, 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 performed at the former franchisee's and/or surety's expense
or, in the alternative, shall have the right to sell the same in place.
F. To the extent that any of the provisions of this chapter
are substantially inconsistent with Section 626 of the Cable Act,
47 U.S.C. § 546, they shall not apply.
G. Notwithstanding the foregoing, the township shall
have the right, but not the obligation, to informally renew a franchise.
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 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.
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 (NOTE: These fees may be increased
in an amount equal to the increase in the consumer price index for
the Philadelphia metropolitan area using the year of this chapter
as the base year.), as appropriate:
A. For an initial franchise: $5,000.
(1) The request for issuance of an RFP: $5,000.
(2) The response of the RFP or the unsolicited proposal:
$5,000.
B. For renewal of a franchise: $500.
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.