Diamond Bar Municipal Code Div. 6 Renewal

A franchise renewal may be effected under section 626 of the Cable Act, or under an alternative method.

(Ord. No. 14(1989), § 2(16.69.010), 6-27-89)

The following procedure shall be followed for all renewals effected under section 626 of the Cable Act:

(1) During the six-month period which begins with the 36th month before the franchise expiration, the city may, on its own initiative, and shall at the request of the franchisee, commence proceedings which afford the public in the franchise area appropriate notice and participation for the purpose of:

a. Identifying the future cable-related community needs and interests; and

b. Reviewing the performance of the franchisee under the franchise during the then current franchise term.

(2) Upon completion of a proceeding under subsection (1) of this section, the franchisee seeking renewal of a franchise may, on its own initiative or at the request of the director, submit a proposal for renewal. Subject to section 624 of the Cable Act, any such proposal shall contain such material as the director may require, including proposals to upgrade the cable system. The director may establish a date by which such proposal shall be submitted.

(3) Upon submittal by the franchisee of a proposal for the renewal of a franchise, the city shall provide prompt public notice of such proposal and, during the four-month period which begins on the completion of any proceedings under subsection (1) of this section, renew the franchise or issue a preliminary assessment that the franchise should not be renewed and, at the request of the franchisee or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding, in accordance with this subsection to consider whether:

a. The franchisee has substantially complied with the material terms of the existing franchise and with applicable law.

b. The quality of the franchisee's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system, has been reasonable in light of community needs.

c. The franchisee has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the franchisee's proposal.

d. The franchisee's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests.

In any proceeding under subsection (3) of this section, the franchisee shall be afforded adequate notice, and the franchisee and the director shall be afforded fair opportunity for full participation, including the right to introduce evidence, including evidence related to issues raised in the proceeding under subsection (1) of this section, to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding. At the completion of a proceeding under this subsection, the director shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the franchisee. Such decision shall state the reasons therefor.

(4) Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in subsection (3)a—(3)d of this section, pursuant to the record of the proceeding under subsection (3)c of this section. The city will not base a denial of renewal on a failure to substantially comply with the material terms of the franchise under subsection (3)a of this section or on events considered under subsection (3)b of this section in any case in which a violation of the franchise or the events considered under subsection (3)b of this section occur after December 29, 1984, unless the director has provided the franchisee with notice and the opportunity to cure, or in any case in which it is documented that the city has waived its right to object or has effectively acquiesced.

(5) Any franchisee whose proposal for renewal has been denied by a final decision of the director made pursuant to this section, or has been adversely affected by a failure of the city to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the provisions of section 635 of the Cable Act.

(6) For purposes of this section, the term "franchise expiration" means the date of the expiration of the term of the franchise, as provided under the ordinance granting the franchise, as it was in effect on December 29, 1984.

(Ord. No. 14(1989), § 2(16.69.020), 6-27-89)

(a) Notwithstanding the provisions of section 13.12.1720, a franchisee may submit a proposal for the renewal of a franchise pursuant to this section at any time, and the city may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time, including after proceedings pursuant to this section have commenced. The provisions of section 13.12.1720 shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this section shall not affect action on a renewal proposal that is submitted in accordance with section 13.12.1720.

(b) Proposals for renewal outside of the provisions of section 626(a) through (g) of the Cable Act and section 13.12.1720 of this Code should be made no later than 24 months prior to the expiration of the franchise in order to allow adequate time for the city to process the application. The franchisee shall be responsible for any additional costs incurred by the city in processing an application made less than 24 months prior to the expiration of the franchise. The provisions of division 2 of this chapter shall apply to this section.

(Ord. No. 14(1989), § 2(16.69.025), 6-27-89)

(a) After filing a proposal for renewal, the franchisee shall submit in the billing sent to subscribers a notice of the pending proposal and notice of any public hearings or meetings. Such notice shall not be more than 60 and not less than ten days prior to the subject meeting.

(b) Upon determination of public hearing date, notice shall be made over appropriate PEG channels at least hourly between the hours of 7:00 to 9:00 a.m. and 6:00 to 9:00 p.m. and for five consecutive days, not less than three days nor more than 14 days prior to the date of the public hearing.

(Ord. No. 14(1989), § 2(16.69.030), 6-27-89)

The city reserves the right to grant or deny any renewal of the franchise that is requested after the expiration of the initial term of the franchise and to condition any such renewal upon the franchisee's agreement to comply fully with all amendments or other modifications to the franchise as may be specified by the city council or director.

(Ord. No. 14(1989), § 2(16.69.035), 6-27-89)

If a franchisee does not timely initiate proceedings pursuant to and in accordance with section 626 of the Cable Act, such franchisee shall be deemed to have waived the provisions thereof.

(Ord. No. 14(1989), § 2(16.69.040), 6-27-89)

The application for renewal shall address the requirements specified in division 2 of this chapter, as applicable, and in section 13.12.1390. The proposal shall specifically address the community needs and interests, and shall set forth how the franchisee will meet those community needs and interests. It shall set forth the extent to which the cable system will be upgraded, modernized or rebuilt, taking into account the then state-of-the-art cable systems and technology and the cost of such improvements and alterations.

(Ord. No. 14(1989), § 2(16.69.050), 6-27-89)

Each applicant for renewal must furnish with its proposal a nonrefundable filing fee in the amount set forth in section 13.12.340. The applicant shall pay any additional costs incurred by the city as provided in subsection (c) of such section.

(Ord. No. 14(1989), § 2(16.69.060), 6-27-89)

Subject to section 626 of the Cable Act, the procedure to process an application for franchise as specified in division 2 of this chapter shall be followed for all applications for renewal.

(Ord. No. 14(1989), § 2(16.69.070), 6-27-89)