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17.01.147.1. Renewal of Franchise

            (1)        The Grantor and the Grantee agree that any proceedings undertaken by the Grantor that relate to the renewal of the Grantee's Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act unless the procedures and substantive protections set forth therein shall be deemed to be preempted and superseded by the provisions of any subsequent provision of federal or state law.

            (2)        In addition to the procedures set forth in said Section 626(a), the Grantor agrees to notify the Grantee of all of its assessments regarding the identity of future cable-related community needs and interests, as well as the past performance of the Grantee under the then current Franchise term.  The Grantor further agrees that such assessments shall be provided to the Grantee promptly so that the Grantee has adequate time to submit a proposal under Section 626(b) of the Cable Act and complete renewal of the Franchise prior to expiration of its term.

            (3)        Notwithstanding anything to the contrary set forth in this Section, the Grantee and the Grantor agree that at any time during the term of the then current Franchise, while affording the public appropriate notice and opportunity to comment, the Grantor and the Grantee may agree to undertake and finalize informal negotiations regarding renewal of the then current Franchise and the Grantor may grant a renewal thereof.

            (4)        The Grantee and the Grantor consider the terms set forth in this Section to be consistent with the express provisions of Section 626 of the Cable Act.


Ord. No. 99-62, Enacted 12/16/1999

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