Yucaipa Municipal Code Art. V Duration of Franchise and Renewals

The duration of the rights, privileges and authorizations granted in a cable service provider franchise agreement shall be specified in each franchisee’s franchise agreement.

(Ord. 205 § 3, 2001)

Cable service provider franchise agreements shall continue in effect until expiration, termination, or revocation including any extensions thereto.

(Ord. 205 § 3, 2001)

The city shall have the right to grant or deny renewal of a franchise in accordance with the provisions of federal, state, and local law, including but not limited to Section 626 of the Communications Act of 1934 (47 U.S.C. Section 546), if applicable, in its current or in any future amended form, or by procedures subsequently adopted by congress, or the city in accordance with federal law.

(Ord. 205 § 3, 2001)

At any time prior to the expiration of the term of a franchise, the city and a franchisee may agree to renegotiate all or any part of an agreement. As a result of such renegotiation, the city may grant a renewal or a franchise for a specified period, subject to the terms and conditions as may be agreed upon by the patties.

(Ord. 205 § 3, 2001)

Renewal shall be conducted in accordance with the Cable Act.

(Ord. 205 § 3, 2001)

In the event that (i) the city denies a renewal of a franchise at expiration of the term of an agreement pursuant to a specific finding of non-renewal, the franchise term is not temporarily extended, and the franchisee has exhausted any good faith rights of appeal under federal, state or local law, or (ii) the agreement is terminated or the cable system abandoned prior to the expiration of the term thereof pursuant to the ordinance codified in this title, and, in either such case, the franchise has not been transferred to another person, then the franchise granted thereunder shall be revoked and terminated, and all rights of the city and a franchisee to the system or any part thereof, shall be determined as provided in the ordinance codified in this title; provided, however, that the franchisee’s franchise shall remain in effect during the time in which a renewal or termination proceeding or appeal therefrom remains pending.

(Ord. 205 § 3, 2001)

Any franchise agreement for renewal of a franchise may a provision providing for the franchisee’s payment to the city of an amount in consideration for the renewal of the franchise. Such amount may be used by the city to wholly or partially offset the city’s costs and expenses incurred in the renewal process.

(Ord. 205 § 3, 2001)