Competing or overlapping franchises may have an adverse impact on the public right-of-ways and on the quality and availability of services to the public. In considering whether to grant one or more additional franchises, the city shall specifically consider, and address in a written report or in provisions of the franchise agreement, the following issues:
(A) The positive and/or negative impact of an additional franchise on the community.
(B) The ability and willingness of the specific applicant in question to provide cable services to the franchise area.
(C) The amount of time it will take the applicant to complete construction of the proposed system and activate service in the franchise area; and, whether the applicant can complete construction and activation of its system in a timely manner.
(D) The financial capabilities of the applicant and its guaranteed commitment to make the necessary investment to erect, maintain, and operate the proposed cable system for the duration of the franchise term. In order to ensure that any prospective grantee does have the requisite current financial capabilities, the city may request equity and debt financing commitment letters, current audited financial statements, bonds, letters of credit, or other documentation to demonstrate to the city's satisfaction that the requisite funds to construct and operate the proposed system are available.
(E) The quality and technical reliability of the proposed system, based upon the applicant's plan of construction and the method of distribution of signals, and the applicant's technical qualifications to construct and operate such system.
(F) The experience of the applicant in the erection, maintenance, and operation of a cable system.
(G) The capacity of the public right-of-ways to accommodate one or more additional cable systems and the potential disruption of those public right-of-ways and private property that may occur if one or more additional franchises are granted.
(H) The likelihood and ability of the applicant to continue to provide competing cable service to subscribers within the franchise area for the duration of the franchise.
(I) Such other information as the city may deem appropriate to be considered prior to granting any competing or overlapping franchise.
(J) The purpose of this section is to ensure that any competition which may occur among grantees will be on terms which when taken as a whole are non-discriminatory according to federal law.
(Ord. 29-04, passed 9-9-04)