14.20.080 Consideration of applications.
A. The city will consider each application for a new or renewed franchise where the application is found to be acceptable for filing and in substantial compliance with the requirements of this chapter and any applicable request for proposals (RFP). In evaluating an application the city will consider, among other things, the applicant’s past service and safety record in the city and in other communities, the nature of the proposed facilities and services, proposed area of service, proposed rates, and whether the proposal would adequately serve the public needs and the overall interests of the citizens of the city.
B. If the city determines that an applicant’s proposal for a new franchise would serve the public interest, it may grant a franchise to the applicant, subject to terms and conditions as agreed upon between the applicant and the city. No franchise shall be deemed granted unless and until a franchise agreement acceptable to the parties has been executed. Any such franchise must be approved by resolution or ordinance of the city council in accordance with applicable law.
C. Where the application is for a renewed franchise, the city shall consider whether:
1. The applicant has substantially complied with the material terms of the existing franchise and with applicable law;
2. The quality of the applicant’s service, where applicable, has been reasonable in light of community needs;
3. The applicant’s use or occupation of the right-of-way presents an unreasonable or unacceptable risk to public health, safety or welfare and whether the applicant’s construction, installation, operation or maintenance practices for the cable communications system are or have been conducted in an unsafe or dangerous manner; and
4. The applicant has the ability to provide the services, facilities and equipment as set forth in the application.
D. In the course of considering an application for a renewed franchise, the city council shall adhere to all requirements of applicable law. In the event the city makes a preliminary assessment that the franchise should not be renewed, the city or the city’s hearing body shall hold a public hearing or hearings, in which the grantee seeking renewal shall be afforded a fair opportunity for full participation, including the right to testify, to require the production of and to introduce evidence, and to question witnesses. Notice of any such public hearing shall, at least 10 days before the date of the hearing, be published in a local newspaper of general circulation in the city and be sent by certified mail to each applicant to be considered. A transcript shall be made of such hearing. Within a reasonable time following the conclusion of such hearing, the council shall issue a written decision granting or denying the proposal for renewal based on the record of such proceeding and stating the reasons therefor. The city shall transmit a copy of said decision to the applicant. If the proposal is granted, the parties shall proceed to negotiate the terms and conditions of a renewed franchise, based on said proposal. Any denial of an application for a renewed franchise shall be based on one or more adverse findings made with respect to the factors described in subsection (A) of this section, pursuant to the requirements of applicable law. Neither grantee nor the city shall be deemed to have waived any right it may have under federal or state law by participating in a proceeding pursuant to this subsection. (Ord. 5532 § 2, 2004.)