(A) Initial applicants for a franchise shall submit to the city written applications utilizing the standard format provided by the city, in duplicate, to the City Manager or his/her designee at the time and place designated by the city for accepting applications. The application shall include such information as the city may reasonably require to ensure a FCC- compliant, state-of-the-art system.
(B) In awarding a franchise, the city shall allow the applicant's cable system a reasonable period of time to become capable of providing cable service to all households in the franchise area as specified in § 61.068, division (A). The city may require adequate assurance that the cable operator will provide adequate public, educational, and governmental access channel capacity, facilities, financial support, or qualifications to provide cable service.
(C) An application fee in the amount of $6000 shall be paid by each franchise applicant at the time of application for initial franchise which fee shall be in the form of cash, certified check, or money order to defer the cost of studying, investigating, and otherwise processing such application and which shall be in consideration thereof and not refundable or returnable in whole or in part. To offset the effects of inflation, the amount of the application fee provided for herein, is subject to reasonable increase in accord with the annual rate of inflation.
(D) Upon consideration of any such initial application, the City Council shall determine the applicant's qualifications to construct, operate and maintain a CATV system and to provide a CATV service in accordance with the provisions of this Article. If the City Council determines that the applicant is not so qualified, it may refuse to grant the requested franchise. If the City Council determines that the applicant is so qualified, it may, by ordinance, grant a franchise to such applicant, to be effective as provided in §§ 61.040 - 61.043, provided, however, no provision of this Article may be deemed or construed as to require the granting of a franchise when the City Council determines that to do so would no be in the public interest. Any franchise granted shall include the following condition: The CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Albemarle and no other purpose whatsoever. [Provision of current City of Albemarle Cable Ordinance.]
(Ord. 99-38, passed 7-6-99)