§ 30-43. New developments.

(a)

Public hearing. The board shall have the authority to order a public hearing on the provision of additional channel capacity by franchisee or on the inclusion in the franchisee's cable system of state-of-the-art technology or upgraded facilities. Notice of such hearing shall be provided to the franchisee and the public not later than 30 days prior to such hearing.

(b)

Determination of need. If after such hearing the board determines that:

(1)

There exists a reasonable need and demand for additional channel capacity and/or state-of-the-art technology or upgraded facilities;

(2)

Provision has been made or will be made for adequate rates which will allow a franchisee a fair rate of return on its investment (including the investment required to provide the additional channels and/or the state-of-the-art technology or upgraded facilities); and

(3)

Such requirements will not result in economic waste for the franchisee.

The board may order franchisee to provide a specified number of additional channels and/or specified state-of-the-art technology or upgraded facilities. In considering the economic feasibility of required cable system improvements, the board may consider the extension of the term of the franchise to permit the recovery of the cost of said improvements. Any proposed extension of franchise shall be treated procedurally in accordance with the procedure for franchise renewal, as stated in section 30-38.

(Ord. No. 88-90, § 18)