A. An applicant for an initial franchise shall submit to the City a written application on a form provided by the City, at the time and place specified by the City for accepting applications, and accompanied by the designated application fee. An application fee set by resolution of the City Council shall accompany the application to cover costs associated with processing the application, including, without limitation, costs of administrative review, financial, legal, and technical evaluation of the applicant, notice and publication requirements, and document preparation expenses. In the event such costs exceed the application fee, the applicant shall pay the difference to the City within thirty (30) days following receipt of an itemized statement of such costs. Conversely, if such costs are less than the application fee, the City shall refund the difference to the applicant.
B. An application for an initial franchise for a cable system shall contain, at a minimum:
1. A statement as to the proposed franchise and information relating to the characteristics and location of the proposed cable system;
2. A resume of prior history of the applicant, including the expertise of the applicant in the cable system field;
3. Information demonstrating the applicant’s legal, technical, and financial ability to construct and operate the proposed cable system;
4. A list of the partners, general and limited, of the applicant, if a partnership, members if a limited liability company, or the percentage of stock owned or controlled by each stockholder having a five percent (5%) or greater interest if a corporation;
5. A list of officers, directors, and key employees of the applicant, together with a description of the background and experience of all such persons;
6. The names and addresses of any parent entity or subsidiary of the applicant or any other business entity owning or controlling the applicant in whole or in part, or owned or controlled in whole or in part by the applicant;
7. A proposed construction and service schedule;
8. Any other reasonable information that the City may request.
The City shall be allowed the opportunity to ask relevant follow-up questions and obtain further information from whatever source. A refusal by an applicant to cooperate or provide requested information is sufficient grounds for the City to deny an application.
C. Upon receipt of an application for an initial franchise and after obtaining any additional information the City in its sole discretion deems appropriate from any source, a hearing shall be scheduled to allow public comment. At the hearing, the City Council shall receive public comment regarding the following:
1. Whether the public will benefit from granting a franchise to the applicant;
2. Whether the applicant appears to have adequate legal, financial, and technical qualifications and capabilities to build, operate, and maintain a cable system in the City;
3. Whether the applicant has any conflicting interests, either financial or commercial, that will be contrary to the interests of the City;
4. Whether the applicant will comply with all of the terms and conditions placed upon a franchisee by the franchise, this chapter and other lawfully applicable local laws and regulations;
5. Whether the applicant will comply with all relevant federal and State laws and regulations pertaining to the construction, operation, and maintenance of the cable system.
D. Within the timeframe prescribed by applicable law, the City Council shall decide whether to grant a franchise and on what conditions. The City Council’s decision shall be based upon the application, any additional information submitted by the applicant or obtained by the City from any source, and public comments. The City Council may grant one (1) or more franchises or may decline to grant any franchise. (Ord. 2299, 2016) (Ord. 2299, 2016.)