(A) Applications for the grant of a new franchise may be submitted by any person pursuant to the requirements of this chapter. The city may, by advertisement or any other means, solicit applications for a new franchise pursuant to a request for proposal (RFP). The terms and conditions for application made in response to an RFP, including the date by which an application must be received, shall be described therein.
(B) All applications or proposals shall become the sole property of the city. Each application for a new franchise to construct, operate or maintain any cable system in the city shall be filed with the office of the City Clerk and shall be on forms prescribed by the city. The city reserves the right to waive all application formalities where the city determines that the best interests of the city would be served by such waiver. The city may, at its sole discretion, request new or additional proposals.
(C) Unless waived in writing by the city, all applications for a franchise shall minimally contain the following:
(1) The name, address, and telephone number of the applicant;
(2) A detailed statement of the corporation or business entity organization of the applicant, including but not limited to, the following:
(a) The names, residence and business addresses of all officers, directors, and associates of the applicant;
(b) The names, residence and business address of all officers, persons and entities having any share of the ownership of the applicant and the respective ownership share of each person or entity;
(c) The names and address of any parent or subsidiary of the subsidiary of the applicant, namely, any other business entity owning or controlling applicant in whole or in part or owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity, including but not limited to cable systems owned or controlled by the applicant, its parent and subsidiary and the areas served thereby;
(d) A detailed description of all previous experience of the applicant in providing cable service or other similar or related communications services;
(e) A detailed and complete financial statement of the applicants certified by an independent certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the City Council, setting forth the basis for a study performed by such lending institution or funding source, and a clear statement of its intent, in writing, as a recognized lending institution or funding source, to provide whatever capital shall be required by the applicant to construct and operate the proposed cable system in the city, or a statement from an independent certified public accountant, certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed cable system in the city;
(f) A detailed financial plan (pro forma) describing for each year of the franchise, the projected number of subscribers, rates, all revenues, operating expenses, capital expenditures, depreciation schedules, income statements and a sources and uses of funds statement. All information is to be presented in the format required by the city; and
(g) A statement identifying by place and date, any other cable system franchise(s) awarded to the applicant, its parent or subsidiary; the status of said franchise(s) with respect to completion thereof; the total cost of completion of such franchised cable system(s); and the amount of applicant's and its parent's or subsidiary's resources committed to the completion thereof;
(3) A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:
(a) A detailed map indicating all areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be serviced;
(b) A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of said classifications, including installation charges and cable service charges;
(c) A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant;
(d) A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber; and
(e) A detailed statement setting forth in its entirety any and all agreements and undertakings whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any person, firm or corporation which materially relate to, pertain to, or depend upon the application and the granting of the franchise;
(4) A copy of any agreement covering the franchise area, if existing between the applicant and the local telephone and/or electric utilities providing for the use of any facilities of the utility including but not limited to poles, lines or conduits; and
(5) Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the City Council in any applicable request for proposal, or by any applicable provision of law.
(Ord. 4315, passed 11-12-96)