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A. The application for a cable television franchise must contain, at a minimum, the following information:
(1) A clear description of the identity of the applicant including names and residence and business addresses of all officers and directors of the applicant and/or persons having an ownership interest of five percent (5%) or greater;
(2) A legal description and/or clear identification of the area intended to be serviced by the applicant;
(3) A detailed description of the physical facility proposed, including channel capacity, technical design, performance characteristics, and headend which shall include, but not be limited, to the following:
(a) A detailed map indicating all areas proposed to be served including identification of trunk line locations, and if requested, a computerized map in a format compatible with the Village's computer software,
(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 cable service charges,
(c) A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant,
(d) A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber, and
(e) A detailed statement setting forth in its entirety any and all agreements and undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any person, firm or corporation which materially relate or pertain to or depend upon the application and the granting of the franchise;
(4) Detailed projected financial pro forma for a period of ten (10) years showing projected number of subscribers, rates, all system revenues, operating expenses, capital expenditures, depreciation schedules, and income statements. All information is to be presented in the format required by the Village;
(5) Proof of financial support for the system construction as evidenced by a letter from the lending institution and/or other financial entity;
(6) A description of applicant's prior operational experience including a list of other franchises held by the applicant identified by state, city/village and the date of franchise expiration;
(7) A detailed description of the customer service and technical support operations;
(8) Representations that the general partner, any principal or partner, or principal stockholder has never been convicted of a crime involving moral turpitude, or is presently under indictment charging such a crime; the applicant and/or its parent corporation is not, nor has been, a party to litigation, or cause of action, in any court of law or proceeding by the Securities and Exchange Commission, the FCC, or any other governmental body, or administrative agency relevant to the holding of any franchise agreement, or actions of the applicant in any business endeavor; and
(9) Any additional information that the Village deems relevant.
B. A fee of twenty thousand dollars ($20,000.00) for analysis of the application is required to accompany the application for an initial franchise. A condition of any initial franchise granted pursuant to this Chapter shall be the company's agreement to reimburse the Village's out-of-pocket expenses in connection with the initial franchise grant.
C. Upon receipt of a complete application for an initial franchise, a public hearing shall be held at a time and date approved by the corporate authorities. Within ninety (90) days after the close of the public hearing, the corporate authorities shall make a decision based upon the technical, financial, and legal qualifications of the applicants, the applicants' performance in other franchise areas and such other information as the Board deems relevant. No provision of this Chapter shall be deemed, or construed, as to require the corporate authorities to grant a franchise.
D. Any grant of a franchise shall become effective through the execution by the Village and the company of a franchise agreement subject to the terms and conditions of this Chapter. (Ord. 00-05-10)