A. Filing of applications. Any person desiring an initial franchise for a cable television system must file an application with the city. An application fee deposit in an amount established by resolution of the City Council must accompany the application. That application fee deposit will cover all anticipated costs associated with reviewing and processing the application, including without limitation costs of administrative review, financial, legal, and technical evaluation of the applicant, consultants (including technical and legal experts and all costs incurred by those experts), notice and publication requirements, and document preparation expenses. If actual costs exceed the application fee deposit, the applicant must pay the difference to the city within thirty (30) days following receipt of an itemized statement of those costs. If actual costs are less than the application fee deposit, the remaining balance will be refunded to the applicant.
B. Applications; contents. An application for an initial franchise for a cable television system must contain, as applicable:
1. A statement describing the proposed franchise service area and an explanation whether this proposed service area is, or will be, part of a larger regional cluster of franchise service areas.
2. A resume of the applicant’s prior history, including the applicant’s experience and expertise in the cable television industry.
3. A list of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each stockholder, if a closely-held corporation. If the applicant is a publicly-owned partnership or corporation, each owner of ten percent (10%) or more of the partnership interests, or of the issued and outstanding capital stock, must be identified. If the applicant is a limited liability company, the following information must be provided: the address of its principal executive office; the name and business or residence address of each member and of each holder of an economic interest in the limited liability company, together with the contribution and the share in profits and losses of each member and holder of an economic interest; the name and business or residence address of any manager or managers and the chief executive officer, if any, appointed or elected in accordance with the articles of organization or operating agreement.
4. A list of officers, directors, and managing employees of the applicant, and a description of the background and qualifications of each such person.
5. A statement specifying the number of people employed by the applicant, whether on a full-time or part-time basis.
6. The names and addresses of any parent or subsidiary of the applicant, or any other business entity owning or controlling applicant in whole or in part, or that is owned or controlled in whole or in part by the applicant.
7. Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant’s financial ability to:
a. Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the city;
b. Comply with the city’s public, educational, and governmental access requirements; and
c. Comply with the city’s requirement that franchise fees be paid on the applicant’s gross revenues derived from the operation of the cable system to provide cable services.
8. An accurate map showing the location of any existing telecommunications facilities in the city that the applicant intends to use, to purchase, or to lease.
9. A description of the cable services and any other services that will be offered by the applicant using existing or proposed facilities.
10. The proposed construction and service schedule, the proposed rate structure for cable services, and the proposed commitment to provide public, educational, and governmental access capacity, services, facilities, and equipment.
11. Any additional information that the city deems to be reasonably necessary to evaluate the applicant’s qualifications.
C. Consideration of initial applications.
1. Upon receipt of an application for an initial franchise, the City Manager or the City Manager’s designee must prepare a report and make recommendations to the City Council concerning that application.
2. A public hearing will be noticed prior to any initial franchise grant, at a time and date approved by the City Council. Within thirty (30) days after the close of the hearing, the City Council will make a decision, based upon the documents and testimony received at the hearing, whether the franchise should be granted, and, if granted, subject to what conditions. The City Council may grant one (1) or more franchises, or may decline to grant any franchise.
D. Franchise renewal. Franchise renewals will be processed in accordance with then-applicable law and with the renewal terms, if any, of the franchise agreement. The city and grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. Unless prohibited by applicable law, a renewal application fee deposit in an amount established by resolution of the City Council must accompany the renewal application or the renewal request. That renewal application fee deposit will cover all anticipated costs associated with reviewing and processing the renewal application, including the review of grantee’s prior compliance with the franchise, the ascertainment of the community’s cable-related needs and interests, the engagement of technical and legal consultants, and expenses related to negotiations and document preparation. If actual costs exceed the renewal application fee deposit, the grantee must pay the difference to the city within thirty (30) days following receipt of an itemized statement of those costs. If actual costs are less than the renewal application fee deposit, the remaining balance will be refunded to the grantee. No renewal application fee may be offset against any franchise fee payable to the city during the term of the franchise. The City Council may authorize the renewal of a cable television franchise agreement by resolution.
(Ord. 1082, passed 11-16-04)