(a) Legal Ability to Perform. In determining whether an applicant has the necessary legal ability to perform as promised and to assist the City in evaluating the past performance of the applicant under 47 U.S.C. § 546 or Section 856.07, the City shall evaluate the applicant's proposal in light of this section:
(1) The City shall not grant a Franchise to any applicant which submitted a request for a Franchise or for renewal of a Franchise pursuant to Section 856.06(a) or (b) where the request was denied, or any challenges to the franchising decision were finally resolved on a date three years or less preceding the submission of the new request where the previous denial was on grounds that the applicant failed to propose a cable system which met the needs and interests of the community; or that the applicant did not meet the requirements of subsection (a)(5) hereof ; or, in the case of a renewal request, that the applicant had failed to comply with the requirements of its Franchise, or failed to provide adequate service to subscribers.
(2) Every applicant must have the necessary authority under Ohio law to operate a cable communication system. An applicant shall show that it is qualified to obtain, the necessary federal licenses or waivers required to operate the cable system proposed.
(3) An applicant must be authorized by federal law to hold a Franchise.
(4) An applicant shall not be issued a Franchise if, at any time during the five years prior to the issuance of the RFP to which the applicant responds, the applicant engaged in acts or omissions of such character that the applicant cannot be relied upon to deal truthfully with the City and the subscribers of the cable system; or to substantially comply with lawful obligations under the Franchise or obligations under applicable law, including obligations under consumer protection laws and laws prohibiting anti-competitive acts, fraud, racketeering, or other, similar conduct.
(5) An applicant shall not be issued a Franchise if it files materially misleading information in response to an RFP issued by the City, or intentionally withholds information which the applicant lawfully is required to provide.
(6) For purposes of subsection (a)(1), (4) and (5) hereof, the term applicant includes any affiliate.
(b) Opportunity to Explain. The City may provide an opportunity to any applicant which has engaged in acts or omissions which may provide the basis for denying a request for a Franchise under subsection (a)(4) hereof to show that it would be inappropriate to base a decision on the act or omission, by virtue of: the particular circumstances surrounding the act or omission and given the steps taken by the applicant to cure all harms flowing from the act or omission and to prevent its recurrence; the involvement of applicant's principals, owners, or managers; or the remoteness of the act or omission from the operation of cable communication systems.
(c) Cable Act Renewal Provisions Prevail. This section shall not be interpreted to require the City to take any action that would be inconsistent with 47 U.S.C. §546.
(Ord. 52-96. Passed 7-8-96.)