Franchise renewal 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or can activate the renewal process set forth in 47 U.S.C. § 546(a)-(c) (including, for example, if the provisions are repealed), the provisions of §
151-7 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), (2) of the Cable Act, 47 U.S.C. § 546(a)(1),
(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 §
151-7F 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; 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
To be acceptable for filing, an application for initial franchise,
renewal or modification submitted after the effective date of this
chapter shall be accompanied by a filing fee as set by Borough Council,
as appropriate.
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.