8-6-6: APPLICATION FOR FRANCHISE:
   A.   Required; Form: To obtain a franchise to construct, own, maintain or provide services through any system within the city, to obtain a renewal of a franchise granted pursuant to this chapter or to obtain the city approval of a transfer of a franchise, as provided in section 8-6-11 of this chapter, granted pursuant to this chapter, 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. The application form may be changed by the mayor so long as such changes request information that is consistent with this chapter. Such application form, as amended, is incorporated by reference.
   B.   Criteria: In making a determination as to an application filed pursuant to this chapter, 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 agreement to comply with the requirements of this chapter.
   C.   Determination By City: 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. (Ord. 98-12, 12-8-1998; amd. 2000 Code)