§ A291-5. Term of franchise.

A. 

Rights granted to any grantee hereunder shall take effect and be in full force from and after the date upon which each application is approved by the Borough. The rights granted hereunder shall continue in full force and effect for an initial period of not less than 10 years from the date of application approval, and each grantee whose application is approved shall have the right to renew the rights granted hereunder for an additional term of five years and, thereafter, in additional five-year increments, from and after the expiration date of any initial or renewal period. The right to renew for each additional renewal period shall be exercised by the grantee by giving written notice to the Borough of the grantee's election to exercise its renewal option, which notice shall be given not less than six months, nor more than one year prior to the expiration of the initial term granted hereunder. Such notice shall be either personally served or mailed, certified or registered mail, return receipt requested, to the Borough at its administrative offices.

B. 

Prior to the issuance or renewal of any franchise to operate a cable television system within the Borough, Council shall conduct a public hearing, to which the grantee or proposed grantee shall be a necessary party, subject to 10 days' prior public notice advertised one time in a newspaper of general circulation in the Borough. The following factors shall be considered in the issuance or renewal of any franchise, and the grantee or the proposed grantee shall have the burden to demonstrate compliance with each criteria:

(1) 

Whether the grantee has or can substantially comply with the material terms of the proposed franchise agreement, the ordinance and all other applicable law.

(2) 

Whether the quality of the grantee's service has or will be reasonable in light of community needs.

(3) 

Whether the grantee has the financial, legal and technical ability to provide the services, facilities and equipment proposed.

(4) 

Whether the grantee's proposal is reasonable to meet the current and future cable-related community needs and interests, including the cost of meeting them.

C. 

Any proceedings undertaken by the Borough that relate to issuance or renewal of any franchise shall be governed by and comply with the provisions of Section 626 of the Cable Communications Policy Act of 1984, and amendments thereto, unless the procedures and substantive protection set forth therein shall be deemed to be preempted or superseded by the provisions of any subsequent provisions of federal or commonwealth law, which shall then apply to any such proceeding.

D. 

In addition to the procedures set forth in Section 626(a), the Borough shall notify the existing or proposed grantee of its preliminary 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 agreement, if any. Such notification shall be made prior to the time that the four-month period referred to in Subsection (c) of Section 626 is considered to begin. Notwithstanding anything to the contrary herein, at any time during the term of any then current franchise agreement under which the grantee is operating, subject to affording the public appropriate notice and opportunity to comment, the Borough, in its discretion may agree to undertake and finalize negotiations with the grantee regarding renewal of the then current franchise agreement, and the Borough may grant a renewal thereof, in its discretion.