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<br />Cable Ordinance <br /> <br />If the franchisee dos not submit a renewal application by the date <br />specified in the City's notice to the franchisee given pursuant to this <br />subsection, the franchisee will be deemed not to be seeking renewal <br />of its franchise. <br /> <br />b. Upon receipt ofthe renewal application, the City shall publish notice <br />of its receipt and make copies available to the public. The City, <br />following prior public notice, may hold one or more public hearings <br />on the renewal application. <br /> <br />(2) In the event a public hearing on the renewal application is held, or in the <br />event that the City Commission considers the renewal application without a <br />public hearing, the City Commission will either; <br /> <br />(3) <br /> <br />a. Pass a resolution agreeing to renew the franchise, subject to the <br />negotiation of a franchise agreement satisfactory to the City and the <br />franchisee; or <br /> <br />b. Pass a resolution that makes a preliminary assessment that the <br />franchise should not be renewed. <br /> <br />If a preliminary assessment is made that a franchise should not be renewed, <br />at the request of the franchisee or on its own initiative, the City will <br />commence proceeding in accordance with Section 626( c) of the <br />Communications Act, 47 U.S.C. S546(c) to address the issues set forth in <br />Section 626(c)(I)(A) - (D) of the Communications Act, 47 U.S.C. <br />S546(c)(I)(A) - (D). Any denial of a proposal for renewal that has been <br />submitted in compliance with subsection (b) of S546 shall be based on one <br />or more adverse findings made with respect to the factors described in <br />S546(c)(1)(A) - (D), pursuant to the record of proceedings under S546(c). <br />The City shall not base a denial of renewal on a failure to substantially <br />comply with the material terms of the franchise under S 546(c)(I)(A) or on <br />events considered under S 546(c)(1)(B) unless the City has provided the <br />franchisee with notice and opportunity to cure, in any case in which it is <br />documented that the City has waived its right to object, or the franchisee <br />gives written notice of a failure or inability to cure and the City fails to object <br />within a reasonable time after receipt of such notice. <br /> <br />(4) <br /> <br />Any request to initiate a renewal process or proposal for renewal not <br />submitted within the time period set forth in Section 626(a) of the <br />Communications Act, 47 U.S.c. S 546(a), shall be deemed an informal <br />proposal forrenewal and shall be governed in accordance with Section 626(h) <br />of the Communications Act, 47 U.S.c. S 546(h). The City may hold one or <br />more public hearings or implement other procedures under which comments <br />from the public on an informal proposal for renewal may be received. <br /> <br />-35- <br />