Sec.16-333-39. Formal renewal proceedings, initial procedures

(a) During the 6-month period which begins with the 36th month before and ends with the 30th month prior to the expiration of the franchise, the department may on its own initiative, and shall upon request of the franchise holder, commence proceedings for renewal of a franchise.

(b) Upon the request of the franchise holder or upon its own motion pursuant to the provisions of section 16-333-39 (a) of these regulations, the department shall commence a proceeding, after affording the public in the franchise area appropriate notice, after holding a public hearing and in consultation with the affected local Cable Advisory Council, for the purpose of:

(1) identifying the future cable-related community needs and interests; and

(2) reviewing the performance of the franchise holder during the then current franchise term.

(c) Upon the request by the franchise holder or upon order from the department to commence a proceeding for a renewal, extension or transfer of a certificate pursuant to this section, the franchise holder shall file the following information with the department:

(1) a copy of the current safety manual in use by the company;

(2) copies of proof-of-performance tests performed during the preceding three years;

(3) a copy of the franchise holder's Federal income tax returns for the previous three years;

(4) a copy of the State of Connecticut corporation business tax returns for the previous three years;

(5) information regarding State of Connecticut Gross Receipts tax for the previous three years;

(6) information regarding the amount of municipal or local property taxes paid for each of the previous three years;

(7) the annual reports of the franchise holder, and holding company which controls the franchise holder if applicable, for each of the previous three years;

(8) a statement of the financial condition of the franchise holder and holding company which controls the franchise, holder, if applicable;

(9) current system maintenance practices;

(10) information as to current customer service and protection practices and procedures, including information as to the franchise holder's practices and procedures for responding to customer inquiries and complaints including a summary of subscriber complaints, by category for the previous three years; penalties imposed for interrupted service, if any, during the course of the franchise term; disconnection practices, rebates, credits, repair and response deadlines; billing information; and procedures to ensure subscriber's right to privacy;

(11) current means to monitor performance and compliance with franchise terms;

(12) results of a subscriber satisfaction survey conducted within the 12 months prior to commencement of the renewal process;

(13) statement of number of dwelling units in franchise area, the number of dwelling units connected for service, and the number of dwelling units passed;

(14) summary of all significant service interruptions and reasons therefore for the last three years;

(15) current services provided for Public, Educational and Governmental programming including the funds expended for such services, the equipment provided, and training programs conducted for the public;

(16) current services provided for the handicapped;

(17) current equal opportunity and affirmative action policies;

(18) insurance coverage currently in effect and the renewal dates for said coverage; and

(19) such other information as the Department may deem as appropriate.

(d) The department shall complete the proceeding initiated under this section in the case of a renewal application, no later than the 4th month prior to the franchise expiration date.

(Effective June 27, 1989)