(A) This chapter itself grants no authority to operate a cable television system to any person. The grants are only made by the adoption of a separate resolution awarding a specific license to an applicant who has complied with the provisions of this chapter and any other provisions of the separate resolution.
(B) Each application for a license or renewal license to construct, operate or maintain any cable system in the town shall be filed with the Town Clerk in a form prescribed by the town. An application shall require, but shall not be limited to, the following information:
(1) The name, business address and form of business of the applicant;
(2) The names and addresses of any parent or subsidiary of the applicant, namely any other business entity owning or controlling the applicant, in whole or in part, or owned in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity, including but not limited to cable systems owned or controlled by the applicant, its parent and subsidiary and the areas served thereby.
(3) A detailed and complete financial statement of the applicant, certified by an independent certified public accountant, for the fiscal year next preceding the date of the application hereunder, and 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 the town, or a statement from an independent 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 the town. The Town Manager may accept an alternative submittal that meets the purpose and intent of this section.
(4) A statement identifying, by place and date, any other cable system license(s) awarded to the applicant, its parent or subsidiary; the status of said license(s) with respect to completion thereof;
(5) A service area boundary map of the area that the applicant proposes to serve and a schedule for initiation of cable service and 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 cable service charges;
(6) The applicant's proposal for providing access channels, facilities and related considerations. Applicants are strongly encouraged to investigate the needs and desires of potential users and to offer such facilities as are technologically and economically feasible;
(7) A description of facilities for local programming, and facilities to be offered to various community institutions;
(8) A schedule of proposed rates and charges to all classes of subscribers for both installation and monthly service, and a copy of the proposed service agreement between the applicant and its proposed subscribers;
(9) A copy of any contract which may exist between the applicant and any public utility providing for the use of the utility's property, such as poles, lines or conduits;
(10) A statement setting forth all agreements and understandings, whether written, oral or implied, between the applicant and any other person with respect to the proposed license or the proposed cable television operation;
(11) An estimate of the cost of constructing the applicant's proposed system, and a financial statement prepared in a form satisfactory to the Council showing applicant's financial status and its financial ability to meet these proposed costs;
(12) A sworn statement acknowledging the applicant's familiarity with and eligibility under the provisions of this chapter and the rules of the FCC and its intention to abide by the same;
(13) Other information that will assist the town in determining whether the applicant has the financial, technical, and legal qualifications to provide cable service in the town; and
(14) Any other details, statements, information or references, pertinent to the subject matter of such application, which shall be required or requested by the Town Council, or by any other provision of law.
(C) Prior to the issuance of a license, the town shall hold a public hearing, following reasonable notice to the public, at which every applicant and its proposals shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard. Reasonable notice to the public shall include causing notice of the time and place of the hearing to be published in a newspaper of general circulation in the town once a week for 2 consecutive weeks. The first publication shall be not less than 14 days before the day of the hearing.
(Ord. 16-825, passed 9-13-2016)