(1) Term. The Franchise granted hereunder shall be for a term of fifteen (15) years commencing on the effective date of the Franchise as set forth below, unless otherwise lawfully terminated in accordance with the terms of this Franchise.
(2) Periodic Review.
(a) Subject to the provisions of this Subsection (2), on the fifth (5th) and again on the tenth (10th) anniversary of the effective date of the Franchise, the Grantor may commence proceedings, which afford public notice, public participation, and open meetings, for the purpose of identifying future Cable System community needs and interests, including but not limited to technological developments, EG Channel(s), on-going EG capital costs, broad categories of programming, Institutional Network and customer service, and to determine whether it would be appropriate to amend the Franchise to address developments in the field of cable communications that may have taken place over the course of time, and to review the Grantee's performance during the preceding five (5) years. Any proposed amendment(s) of the Franchise under this Subsection (2) shall be based upon the reasonable cable-related needs and interests of the Layton community and take into consideration the costs to the Grantee of meeting those needs and interests.
(b) If, after conducting such review, the Grantor decides that amendments to the Franchise are warranted, then it shall hold at least one (1) public hearing to enable the Grantee and the public to comment on each of the proposed Franchise amendments.
(c) If, following such hearings, the Grantor determines that amendments to the Franchise are warranted, and/or that material changes in the Grantee's obligations under the Franchise are warranted, and if the Grantee is willing to comply with such amendments and/or changes, the parties shall amend the Franchise accordingly.
(d) If, however, the Grantee is not willing to comply with such Franchise amendments and/or changes as a result of the hearings, either party, as their sole remedy, may within ninety (90) days after the Grantor's determination, provide notice to the other party, pursuant to Section 626 of the Cable Act, that it wishes to commence proceedings to renew the Franchise. If, at the time of such notice, more than thirty-six (36) months remain in the term of the Franchise, notice shall be deemed, by mutual agreement, to shorten the term of the Franchise so that the Franchise shall terminate thirty-six (36) months from the date of notice.
(e) Notwithstanding any provisions of this Section, the Grantor and the Grantee may at any time amend the Franchise by mutual consent.
Ord. No. 99-62, Enacted 12/16/1999