7.04.330 Franchise Renewal

The Commission may renew a franchise pursuant to the procedures established in this section and applicable Federal law and regulations.

(a) During the six-month period which begins with the thirty-sixth (36th) month before the expiration of the Franchise Agreement, the Commission may, on its own initiative, and shall, at the request of a franchisee, commence proceedings which afford the public in the Franchise area appropriate notice and participation for the purposes of identifying future community needs and interests and reviewing the performance of the franchisee under the Franchise Agreement during the then current Franchise term.

(b) Upon completion of such proceedings, the franchisee may submit a proposal for renewal. Any such proposal shall contain such material as the Commission may require, including proposals for an upgrade of the Communication Services.

(1) Upon submittal of a proposal for the renewal of a Franchise Agreement, the Commission shall provide prompt public notice of such proposal and, during the four-month period which begins on the completion of any proceedings, shall either renew the Franchise Agreement or issue a preliminary assessment that the Franchise Agreement should not be renewed and commence at the request of the franchisee or on its own initiative an administrative proceeding to consider whether the franchisee has substantially complied with the material provisions of this chapter, the existing Franchise Agreement, and applicable law;

(2) Whether the quality of the franchisee's entire Communication Service, including the mix, quality, and level of specific programming or other services provided over the system, has been reasonable in light of community needs;

(3) The franchisee has the financial, legal, and technical ability to provide the Communications Service, facilities, and equipment as set forth in the proposal; and

(4) The proposal is reasonable to meet the future Communication Service needs and interests of the community, taking into account the cost of meeting such needs and interests.

(c) At the completion of an administrative proceeding, the Commission shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding and shall transmit a certified copy of such decision to the franchisee. Such decision shall state the reasons therefor.

(d) Any refusal to renew a Franchise or denial of a proposal for renewal shall be based only on one or more adverse findings made with respect to the factors set forth in Subsection (c) of this section. The Commission may not refuse to renew or premise a denial of renewal upon factors contained in Subsections (b) (1), (2), or (4) of this section unless the Commission has given a franchisee notice of and an opportunity to cure violations or problems or has waived, in writing, its right to object to such violations and problems.

(e) If a franchisee's proposal for renewal has been denied by a final decision of the Commission, the franchisee may seek review within 120 days of such final decision in the Saint Regis Mohawk Tribe Court.

(f) Notwithstanding the provisions of this section, a franchisee may submit a proposal for the renewal of a franchise at any time, and the Commission may, after affording the Saint Regis Mohawk Tribe adequate notice and opportunity for comment to, grant or deny such proposal at any time. The denial of a proposal for renewal pursuant to this Subsection shall not affect action on a renewal proposal that is submitted in accordance with Subsections (a) to (f) of this section.