Renewal franchise authorizing the provision of broadband service shall be conducted, if applicable, in a manner consistent with Section 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can activate the renewal process set forth in 47 U.S.C. § 546(a) to (c) (including, for example, if the provisions are repealed or do not otherwise apply), the provisions of §
53-12 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) to (c) are activated:
A. Within six months after receipt of notice from a franchisee that
has invoked the renewal procedures of Section 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 identifying
future cable- and telecommunications-related community needs and interests,
including the costs of meeting such needs and interests; and 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 §
53-12D 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.
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 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) to (D) of the Cable Act, 47 U.S.C. § 546(c)(1)(A)
to (D).
F. If renewal of a franchise is denied, the township may acquire ownership
of the 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 section
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 township to make an informed determination on the application
for modification; and
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.