§ 152.007 FRANCHISE APPLICATIONS.
   (A)   Franchise application. To obtain a franchise to construct, own, operate, maintain or provide services through any system within the city, to obtain a renewal of a franchise granted pursuant to this subchapter, or to obtain the city approval of a transfer of a franchise, as provided in § 152.012(A)(2) of this chapter, granted pursuant to this subchapter, an application must be filed with the city on the form attached to the ordinance codified herein as “Exhibit A”, which is hereby incorporated by reference.
   (B)   Application criteria. In making a determination as to an application filed pursuant to the ordinance, the city may, but shall not be limited to, request or consider the following:
      (1)   Obtaining an order from the PSC granting a certificate of convenience and necessity;
      (2)   Certification of the provider’s financial ability to compensate the city for provider’s intrusion, maintenance and use of the rights-of-way during the franchise term proposed by the provider;
      (3)   Provider’s agreements to comply with the requirements of this subchapter; and
      (4)   Prior to making any attachments to poles, the willingness to enter into a pole attachment agreement with the city.
   (C)   Franchise determination. The city, in its discretion, shall determine the award of any franchise on the basis of these and other considerations relevant to the use of the rights-of-way, without competitive bidding.
(Prior Code, § 33.01.070) (Ord. 98-37, passed 8-20-1998)