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M.V. ORDINANCE NO. 80-69 <br />Page -15~ <br />(b) It shall be the policy of the. Village to amend <br />this franchise upon application of the Grantee when necessary <br />to enable the Grantee to take advantage of advancements in <br />the state-of-the-art which will afford it an opportunity to <br />more effectively, efficiently or economically serve its subscribers; <br />provided, however, that this Section shall not be construed to <br />require the Village to make any amendment. Further, every three <br />(3) years during the term of the franchise, on or about the <br />anniversary of its effective date, the Council shall hold a <br />public hearing, the purpose of which will be to consider system <br />performance, design modifications, the need for rate regulation, <br />or other possible modifications in the franchise of a nature <br />that would not result in effectively terminating the same. This <br />franchise may be amended at any time in order to conform with <br />the valid applicable and enforceable Federal law and Federal <br />Communications Commission rulings after notice and public hearing. <br />(c) The Council shall not sooner than three (3) years <br />nor later than one year prior to the expiration of the franchise <br />period, hold a public hearing to review the Grantee's performance <br />during the entire term of its franchise. At such hearing, th e <br />Council shall consider and take testimony and other evidence <br />for entry on its journal: <br />1) Grantee's performance, giving greater weight <br />to more recent experiences in the following areas: <br />a) provision of service required by the franchise; <br />b) scope of optional services; <br />c) voluntary innovations vis-a~vis developments in <br />the state-of-the-art; <br />d) compliance with local and federal regulations; <br />e) complaint history. <br />2) Probability of Grantee's ability to maintain or <br />improve performance in the future. <br />3) Proposals for upgrading services made by Grantee, <br />whether or not conditioned on franchise extension or <br />renewal. <br />4) Advantages available to Village and subscribers by <br />allowing the franchise to expire and granting a new <br />franchise to a different party or at least allowing <br />competitive proposals. <br />At such hearing, all interest parties shall be allowed <br />to testify. Council may direct Grantee to furnish such <br />other information as may be reasonably necessary for an <br />