(A) Application required. An application must be filed for an initial cable system franchise, or for approval of a transfer. All applications under this provision of this article shall be in writing and shall be filed in the Office of the City Clerk. These requirements do not apply to a request for renewal submitted pursuant to 47 U.S.C. Section 546.
(B) Contents for applications for initial franchise.
(1) The Mayor may specify the information that must be provided in connection with an application, and the form in which the information is to be provided, which shall comply with governing federal and state law.
(2) At a minimum, each application must identify the applicant, show that the applicant is financially, technically and legally qualified to construct, maintain and operate the cable system, contain a pro forma showing capital expenditures and expected income and expenses for the first five years the applicant is to hold the franchise, and show that the applicant is willing to comply unconditionally with this article and its franchise obligations. In addition, any application for an initial franchise must describe in detail the cable system that the applicant proposes to build or maintain, show where it is or will be located, set out the system construction or rebuild schedule, and show that the applicant will provide adequate channels, facilities and other support for public, educational and government use (including institutional network use) of the cable system. To be accepted for filing, an original and six copies of a complete application must be submitted. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.
(3) The city may at any time demand, and applicant shall provide, such supplementary, additional or other information as the Mayor may deem reasonably necessary to determine whether the requested franchise should be granted. An applicant (and the transferor and transferee, in the case of a transfer) shall respond to any request for information from the city, by the time specified by the city.
(C) Rejection for incompleteness. An application may be rejected if it is incomplete, or if the response to requests for information is not reasonably timely and complete.
(D) Application for an initial franchise or renewal franchise. This subsection establishes additional provisions that apply to an application for an initial franchise, or a renewal franchise application that is not governed by 47 U.S.C. Section 546(a)-(h) as may be amended.
(1) Any person may apply for an initial or renewal franchise by submitting an application therefor on that person's own initiative, or in response to a request for proposals issued by the city. If the city receives an unsolicited application, it may choose to issue a request for additional proposals, and require the applicant to amend its proposal to respond thereto. The city may conduct such investigations as are necessary to act on an application.
(2) The city will conduct a public hearing on an application before finally accepting it or rejecting it. At the hearing on an application of a franchise, the City Council shall give all persons desiring to be heard a reasonable opportunity to be otherwise in favor of or in opposition to the granting of a franchise to the applicant. The hearing may be continued or adjourned, from time to time, to a stated time and place without the giving of further notice.
(3) In determining whether to grant a franchise, the city may consider:
(a) The extent to which an applicant for renewal has substantially complied with the applicable law and the material terms of any existing cable franchise ordinance;
(b) Whether an applicant for renewal's quality of service under its existing franchise ordinance, including signal quality, response to customer complaints, billing practices, and the like, has been reasonable in light of the needs of the community;
(c) Where the applicant has not previously held a cable system franchise in the city, whether the applicant's record in other communities indicates that it can be relied upon to provide high-quality service throughout any franchise term;
(d) Whether the applicant has the financial, legal, and technical ability to provide the services, facilities, and equipment set forth in an application, and to satisfy any minimum requirements established by the city;
(e) Whether the applicant's application is reasonable to meet the future cable-related needs and interests of the city, taking into account the cost of meeting such needs and interests;
(f) Whether issuance of a franchise is warranted in the public interest considering the immediate and future effect on streets, public property, and private property that will be used by the applicant's cable system;
(g) Whether issuance of the franchise would reduce competition in the provision of cable service in the city;
(h) Whether the applicant has proposed to provide adequate facilities, equipment, channels and other support for PEG use of the cable system, taking into account the cost of providing such facilities, equipment, channels and support;
(i) Such other matters as the city is authorized or required to consider, including whether granting the application would serve the public interest.
(4) If the city determines that issuance of a franchise would be in the public interest considering the factors described in this section, it may proffer a franchise to the applicant.
(5) Within 31 days after the effective date of the ordinance awarding a franchise or franchise renewal, or within such extended period of time as the City Council in its discretion may authorize, the successful applicant or grantee shall file with the City Clerk a written acceptance, in form satisfactory to the City Attorney, of the franchise or franchise renewal, together with an agreement to be bound by and to comply with all applicable provisions of the city's charter, this article, and the franchise ordinance. Such acceptance and agreement shall be acknowledged before a notary public and shall be in form and content reasonably satisfactory to and approved by the City Attorney.
(E) Application for transfer. This subsection establishes provisions that apply to applications for transfer.
(1) An application for transfer must include FCC Form 394 and contain all the information required by the FCC Form 394 (as it exists on the date of the application), and such additional information required to understand and evaluate the FCC Form 394 as the Mayor reasonably may request, and all information that an applicant is required to file under applicable federal or state law. If the transferee or grantee unreasonably refuse to provide information, the request for transfer may be denied.
(2) For the purposes of determining whether it shall consent to a transfer, the city or its agents may inquire into legal, financial and technical qualifications of the prospective transferee.
(3) In determining whether a transfer application should be granted, denied, or granted subject to conditions, the city may further consider: any potential material impact of the transfer on regulated subscriber rates or services; whether the incumbent cable operator is in compliance with its franchise; whether the transferee owns or controls any other cable system in the city; whether the transfer may eliminate or reduce competition in the delivery of cable service in the city; and whether operation by the transferee or approval of the transfer would otherwise adversely affect subscribers, the public, or the city's interest under this article, the franchise or other applicable law.
(4) If the city finds that the transfer would be in the public interest, considering the factors described in this section, the city may approve the transfer by ordinance, imposing such conditions as may be necessary to protect the public interest. No application shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this article applicable to the franchise being transferred and the franchise ordinance, and that it will assume the obligations, liabilities, and responsibility for all unremedied acts and omissions, known and unknown, of the previous grantee; and that it will comply with lawful conditions imposed on the transfer.
(F) Legal qualifications. In order to be legally qualified within the meaning of this Section 13-5-1-21:
(1) An application for transfer must contain all the information required by the Mayor, by Section 13-5-1-21(B)(2), all information required by the FCC Form 394 as it existed on January 1, 1999, and all information that it is required to file under applicable federal or state law.
(2) For the purposes of determining whether it shall consent to a transfer, the city or its agents may inquire into all qualifications involving the prospective transferee and such other matters as the city reasonably may deem necessary to determine whether the transfer is in the public interest and should be approved, denied, or conditioned. If the transferee or grantee unreasonably refuses to provide information, or provide incomplete information, the request for transfer may be denied.
(3) The applicant shall not be issued a franchise if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.
(Ord. 24-2002)