(A) A person may apply for an initial or renewal OVS franchise on its own initiative or in response to a request for proposals. Upon receipt of an application, the city may conduct such investigations as are necessary to consider the application. The city may request such additional information as it deems appropriate.
(B) An applicant shall respond to requests for information completely, and within the time directed by the city, and must strictly comply with procedures, instructions, and requirements the city may establish.
(C) An application may be rejected if it is incomplete or the applicant fails to follow procedures or respond fully to information requests.
(D) Consideration of application.
(1) In evaluating an OVS franchise application, the city may consider the following:
(a) Whether the applicant has the financial, technical, and legal qualifications to hold an OVS franchise;
(b) Whether the application satisfies any minimum requirements established by the city for, or will otherwise provide adequate public, educational, and governmental use capacity, facilities, or financial support (including with respect to institutional networks);
(c) Whether issuance of an OVS franchise would require replacement of property or involve disruption of property, public services, or use of the public rights-of-way;
(d) Whether the approval of the application may eliminate or reduce competition in the delivery of cable service in the city; and
(e) Such other matters as the city is authorized or required to consider in determining whether granting the application would serve the public interest.
(2) If the city finds that it is in the public interest to issue an OVS franchise considering the factors above, it shall proffer an OVS franchise to applicant, and if applicant is willing to unconditionally accept the terms thereof, and to comply with the requirements of applicable law, including this chapter, the city shall issue an OVS franchise.
(3) 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 an unconditional 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 in form and content be satisfactory to and approved by the City Attorney.
(Ord. 24-2002)