(a) Filing. An application for a new Franchise or for a renewal Franchise must be filed with the City Clerk. New Franchises and renewal Franchises that are not subject to the formal renewal provisions of the Cable Act, 47 U.S.C. § 546(a)-(g), shall be reviewed as provided in Section 856.06(a). Applicants that submit proposals subject to the formal renewal provisions of the Cable Act shall be reviewed as provided in Section 856.06(b).
(b) Application Requirements. An application for a Franchise shall contain the following information:
(1) The name, address, and telephone number of the applicant.
(2) A detailed statement of the form or business organization of the applicant including but not limited to the following:
A. The names, residence or business addresses of all officers, directors, and associates of the applicant;
B. The names, residence and business addresses of all officers, persons, and entities having, controlling, or being entitled to have or control five percent (5%) or more of the ownership of the applicant, and respective ownership share of each such person or entity;
C. The names and addresses of any affiliate of the applicant and a statement describing the nature of any such affiliate, including but not limited to the cable communication systems owned or controlled by the applicant and its affiliates, and the areas served thereby;
D. If the applicant is a partnership the name, residence and business addresses of each general partner, if a general partner is a corporation or partnership, the name and address of such corporation or partnership, and provide the same information for that corporation or partnership that is required of an applicant under this subsection (b)(2) (if the partnership is scheduled to dissolve at a particular time, the time for dissolution shall be stated); and
E. If the applicant is a corporation, the application shall show the names, residence and business addresses of its officers and directors; if the corporation is a subsidiary of another corporation or partnership, the application shall show the name and address of such other corporation or partnership and provide the same information for that corporation or partnership that is required of an applicant under this subsection (b)(2).
(3) A listing of all City employees, officials, or appointees that have any interest, direct or indirect, in the applicant or any affiliate.
(4) A copy of each written agreement and a description of every oral agreement or understanding the applicant has with any other person relating to the proposed Franchise, that gives such person the right to manage, control, or to obtain the right to manage or control a Grantee or its Brunswick cable system. If a Franchise is granted to a person acting on behalf of or as the representative of another person, and such information is not disclosed in the original application, such Franchise shall be deemed void and of no force and effect whatsoever.
(5) A detailed description of all previous experience of the applicant in providing cable communication system service and in related or similar fields.
(6) A detailed and complete financial statement of the applicant, prepared by an independent certified public accountant, for the fiscal year just prior to 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 Council, setting forth the basis for a study performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed cable system in this City; or a statement from a 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 this City.
(7) A statement identifying, by place and date, any other cable franchise(s) awarded to the applicant or its affiliate; the status of said franchise(s) with respect to completion thereof; the total cost of completion of such cable system(s); and the amount of the applicant's and its affiliate's resources committed to the completion thereof.
(8) A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:
A. A precise description of the franchise area for which a Franchise is sought and a map specifically showing the proposed service area or areas within which the applicant proposes to provide cable service. A proposed time schedule for the installation of all equipment necessary to become operational or for the completion of upgrades or improvements in the cable plant throughout the entire area to be served.
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 service charges.
C. A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant and that such standards of operations are in compliance with those contained in Title 47, Subpart K (Section 76.601 et seq.) of the Rules and Regulations of the Federal Communications Commission.
D. A detailed, informative, and referenced statement describing the actual or minimum channels/spectrum, equipment, facilities, and services proposed by the applicant to provide for PEG access for Brunswick.
(9) Any other details, statements, information, or references pertinent to the subject matter of such application which shall be required or requested by the Council, or by any provision of any other ordinance of the City.
(10) A declaration by the applicant that the application is true and complete, that no person not shown in the application has any interest in the application for a Franchise, and that the applicant has read this chapter and will abide by its provisions.
(c) Application Fee Required. At the time it applies for an initial Franchise, an applicant shall submit an application fee in an amount to be set by the City Council which shall be in the form of cash, certified or cashier's check, or money order, to pay the costs of studying, investigating, and otherwise processing such application or any part thereof, and which shall be in consideration thereof, and not returnable or refundable in whole or in part.
(d) Grantee’s Application Incorporated. The Grantee shall provide all services specifically set forth in its application and by its acceptance of the Franchise, the Grantee specifically agrees that its application is thereby incorporated by reference and made a part of the Franchise Agreement. In the event of a conflict between such proposals and the provisions of the Franchise, that provision which provides the greatest benefit to the community, in the opinion of the Joint Cable Board, shall prevail.
(Ord. 52-96. Passed 7-8-96.)