City of Bellingham Municipal Code

6.17.070 - FRANCHISE RENEWAL

A. A franchise may be renewed by the City upon application of the company pursuant to the procedure established in this section or by either the City or the company implementing the procedures in the Cable Act if so specified in this franchise ordinance.

1. At least 13 months prior to the expiration of the franchise, company shall inform the City Council in writing of its intent to seek renewal of the franchise.

2. After giving public notice, the City Council shall proceed to determine whether the company has satisfactorily performed its obligations under the franchise. To determine satisfactory performance, the Council shall consider (to the extent permitted by applicable Federal and State law) technical developments and performance of the system, programming, other services offered, cost of services, and any other particular requirements set out in this chapter; also, the Council shall consider the company's annual reports made to it and the FCC. Industry performance on a national basis shall also be considered. Provision shall be made for public comment.

3. The City Council shall diligently proceed to determine the company's eligibility for renewal.

4. The City Council shall prepare and approve any amendments to this chapter that it believes necessary.

5. If the City Council finds, after public hearing, that the company's performance has been satisfactory, a new franchise may be granted pursuant to this chapter. as amended, for a period specified in such renewal.

6. In the event the company is determined by the City Council to have performed unsatisfactorily, new applicants shall be sought and evaluated and a franchise award may be made by the City according to the terms of this chapter.