Amending Chapter 7 Entitled Cable Television Franchising

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technical expertise are sufficient to enable the applicant to operate a CATV in compliance with the terms, standards and conditions of this Article. (c) If the Board determines that the applicant can comply, the Board shall grant the franchise and shall cause to be prepared within 60 days after the determination, a non - exclusive franchise agreement permitting the applicant to operate its CATV system within the corpor- ate limits of the City, which agreement shall be in keeping with the terms, standards and conditions of this Article. (d) If after the public hearing the Board determines on the basis of the application, the documentation and the evidence presented at the hearing that the applicant's legal character, financial condition, and technical expertise are insufficient to enable the applicant to operate its CATV system in compliance with the terms, standards, and conditions of this Article, the Board shall deny the application. In the event the Board denies the application, it shall prepare a written report setting forth the reasons for denying the application and shall send the report to the applicant within 21 days after the determination. (e) The action of the Board shall be the final municipal action for the purpose of judicial review. Section 7 -5. Standards, Terms, and Conditions for CATV Franchise. Any CATV franc ise under this Article must comply with the following terms, standards and conditions. (a) Duration: A franchise shall be for a period of 15 years. Any renewal of franchise shall be for a period of 15 years. (b) Franchise Fee: The franchisee shall pay to the City as consideration for the franchise an amount equal to 3% of the annual gross subscription revenue received by it for CATV service within the corporate limits of South Bend, which payments shall be made to the City semi - annually on the 15th day of April and the 15th day of October each year, with a final payment due upon termination of the franchise. In the event that the FCC deregulates the monitary amount which a city may assess CATV operators for franchise rights, the city shall increase the percentage rate to a- maximum of 5 %. (c) Repair Service and Maintenance: The franchisee shall maintain a trained repair and maintenance crew capable of responding to subscriber complaints or requests for service within 24 hours after receipt of the complaint or request. No charge shall be made to the subscriber for this service, provided that any complaint is related to malfunction of the CATV system. (d) Complaint Procedure: The franchisee shall establish procedures for receiving, acting upon and resolving subscriber complaints and complaints concerning signal leakage and interference with radio communication, which procedures shall be subject to the prior approval of the Board. The franchisee shall furnish notice of such procedures to each subscriber at the time of subscription to the system and at intervals of no more than one year. The franchisee shall keep records of all complaints filed by subscribers during the term of the franchise or renewal thereof and shall make such records available to the Board upon request. The franchisee shall expeditiously investigate and resolve 4