Conn. Agencies Regs. § 16-333-41 - Administrative proceeding for renewal criteria and procedure
(a) If the department, after evaluation of a
franchise holder's proposal pursuant to section
16-333-40(c)
(2) of these regulations, makes a finding that the franchise should not be
renewed, a hearing shall be scheduled where the qualifications of the franchise
holder shall be evaluated in accordance with the following criteria:
(1) whether the franchise holder has been in
substantial compliance with the material terms of the franchise and applicable
law;
(2) whether the quality of the
cable service is reasonable in light of the community needs;
(3) whether the franchise holder has the
financial, legal, and technical qualifications to deliver on its renewal
proposal;
(4) whether the renewal
proposal is reasonable to meet the future community needs and interests
considering the costs.
(b) The hearing under this section of the
regulations must commence within the four month period after conclusion of the
initial assessment proceeding pursuant to section
16-333-39
of these regulations. Prompt notice must be issued to the public although
participation is limited to the franchising authority and the franchise
holder.
(c) During the review
proceeding the franchising authority and the franchise holder have the right to
full participation including the right to introduce evidence, conduct
discovery, issue subpoenas, cross-examine witnesses, and request a
transcript.
(d) Upon completion of
the hearing under this section, the department must issue a written decision
based on the record and setting forth the reasons for the granting or denial of
the renewal, and transmit said decision to the franchise holder. Any decision
of denial shall be based on an adverse finding on at least one of four criteria
as stated in section
16-333-41(a)
(1) through 16-333-41 (a) (4) of these regulations, provided that if the
adverse finding is of substantial failure to comply with a material franchise
term or service quality, prior notice and opportunity to cure must have been
given to the franchise holder. Any adverse finding shall be deemed void if the
franchising authority waived its right to object to the infraction or
acquiesced in the commission of the infraction.
(e) The final decision to grant or deny the
renewal must be rendered prior to the expiration date of the
franchise.
Notes
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