130 



63 



1 (B) where the concessioner has been awarded 



2 an annual rating of "Excellent" in at least 50 per- 



3 cent of the annual ratings during the term of the 



4 contract; 



5 (C) where the concessioner has not received any 



6 annual unsatisfactory ratings during the term of the 



7 contract; and 



8 (D) where the Secretary determines that the 



9 concessioner has submitted a responsive proposal for 



10 a new contract which satisfies the minimum require- 



11 ments established by the Secretary pursuant to sec- 



12 tion 6 of this Act. 



13 (2) In granting a preferential right of renewal pursu- 



14 ant to subsection (g)(2), the Secretary shall not require 



15 concessioner to match any portion of a proposed franchise 



16 fee which exceeds by more than 10 percent the minimum 



17 fee established by the Secretary in the prospectus for such 



18 contract. 



19 (3) (A) With respect to a concession contract (or ex- 



20 tension thereof) covered by this subsection, which is in ef- 



21 feet on the date of enactment of this Act, the provisions 



22 of this paragraph shall apply if the holder of such con- 



23 tract, under the laws and policies in effect on the day be- 



24 fore the date of enactment of this Act, would have been 



