(A) Applications for an original franchise granted hereunder shall be filed with the city pursuant to the advertisement. All applications received by the city from the applicants will become the sole property of the city. Applicants shall submit all requested information as provided by the terms of this chapter. The following information must be complete and verified as true by the applicant:
(1) Application fee. Applications shall be accompanied by a non-refundable application fee of $2,500, payable to the city. The application fee shall be established at the rate set forth above, effective upon final passage of this chapter. Thereafter, the application fee shall be increased every two years, in increments of ten dollars, if required, based on the most recently-published Consumer Price Index (CPI) at the time. The application fee shall defray, in whole or in part, the city’s costs to process any application filed under this chapter, and to negotiate, award and administer any franchise.
(2) Name and address of applicant. The applicant’s name, address, e-mail address and telephone and facsimile numbers; date of application and signature(s) of applicant or appropriate corporate officer(s); the name, address and e-mail address, and telephone and facsimile numbers of a local representative who shall be reasonably available at all times; and information regarding how to contact the local representative in an emergency.
(3) Description of proposed system. Applicants for an original franchise to construct a new system shall provide a description of the proposed system. At a minimum, the description shall include:
(a) A general description of the project by geographical area.
(b) A description of the proposed system components, including, but not be limited to:
1. The anticipated number and general location of small cell antennae;
2. The location of aerial and underground fiber. Where possible, provide estimated percentages of aerial and underground fiber;
3. The anticipated ground level elements (GLEs) and general locations;
(c) For underground fiber installation, discuss proposed installation methodologies. The narrative shall address compliance with FCC standards as related to applicable equipment, such as small cell antennae and current acceptable RF design standards currently in practice, as well as to those standards found in the Louisville Metro Public Works and Assets Utility Policy;
(d) Discuss anticipated project phasing, based on geographic and/or right-of-way limitations, limitations imposed by local events, and those internal limitations affected by finance and project logistics.
(4) Communications service. The applicant shall provide a statement setting forth a general description of the communications service the applicant plans to provide over the system.
(5) Applicant organization. The applicant shall be a corporation, limited liability company, partnership or other business entity authorized to do business in the state, as certified by the Secretary of Stale. The applicant must fully disclose the ownership of the proposed facilities and system.
(6) Additional requirements.
(a) Supplementary, additional or other information that the applicant deems reasonable for consideration may be submitted at the same time as its application, but must be separately bound and submitted with three copies. The city may, at its discretion, consider the additional information as part of the application.
(b) Applications may be modified at any time prior to the opening of the applications, provided that any modifications must be duly executed in the manner that the applicant’s application must be executed.
(c) A copy of the applicant’s certificate of authority from the Public Service Commission (“PSC”) where the applicant is lawfully required to have such certificate from the PSC.
(d) A copy of the applicant’s certificate of authority from the FCC where the applicant is lawfully required to have such certificate from the FCC.
(e) A copy of all insurance certificates required under this chapter.
(f) A statement, signed by the applicant, that the applicant agrees to be bound by all provisions of the franchise, and agrees to obtain all applicable permits and authorizations prior to constructing, installing, or operating a system in the rights-of-way.
(g) The information provided by applicant shall be certified as true and correct, and the applicant shall be responsible to certify to the city any material changes to the information provided in the completed application during the term of any franchise.
(7) Supplementation to applications. The city reserves the right to require such supplementary, additional or other information that it deems reasonably necessary for its determinations.
(8) The city’s rights reserved. The city reserves the right to waive all formalities and/or technicalities where the best interest of the city may be served, provided that it shall exercise this right in a nondiscriminatory and competitively neutral manner.
(Ord. 4, Series 2020, passed 10-8-2020)