No initial franchise may be granted unless the applicant has successfully completed the application procedure in accordance with the following filing instructions promulgated by the grantor.
(A) Filing fee. Payment of a non refundable filing fee to the grantor of $100 which sum shall be due and payable at the time with the submission of the application.
(B) Content. All applicants must complete an application which shall include, but not be limited, to the following:
(1) Name and address of applicant. The name and business address of the applicant, date of application and signature of applicant or appropriate corporate officer(s);
(2) Description of proposed operation. A general description of the applicant’s proposed operation, including but not limited to business hours, operating staff, maintenance procedures beyond those required in the chapter, management and marketing staff policies and procedures, and, if available, the rules of operation for public access;
(3) Signal carriage. A statement of the television and radio services to be provided, including both off-the-air and locally originated signals;
(4) Special services. A statement setting forth a description of the automated services proposed as well as a description of the production facilities to be made available by the grantee for the public, governmental and educational channels required to be made available by the provisions of this chapter;
(5) Corporate organization. A statement detailing the corporation organization of the applicant, if any, including the names and addresses of its officers and directors and the number of shares held by each officer and director;
(6) Stockholders. A statement identifying the number of authorized outstanding shares of applicant’s stock including a current list of the names and current addresses of its shareholders holding 5% or more of the applicant’s outstanding stock;
(7) Inter-company relationships. A statement describing all inter-company relationships of the applicant, including parent, subsidiary or affiliated companies;
(8) Agreements and understandings. A statement setting forth all agreements and understandings, whether written or oral, existing between the applicant and any other person with respect to any franchise awarded hereunder and the conduct of the operation thereof existing at the time of proposal submittal;
(9) Financial statement. A copy of the financial statements for the two previous fiscal years;
(10) Financial projection. A five-year operations pro forma which shall include the initial and continuing plant investment, annual profit and loss statements detailing income and expenses, annual balance sheets and annual levels of subscriber penetration. Costs and revenues anticipated for voluntary services shall, if presented, be incorporated in the pro forma as required in this chapter, but shall be separately identified in the pro forma;
(11) Financial support. Suitable written evidence from a recognized financing institution, addressed to both applicant’s financial ability and planned operation and that the financing institution is prepared to make the required funds available to applicant if it is awarded a franchise. If the planned operation is to be internally financed, a Board resolution shall be supplied authorizing the obtainment and expenditure of the funds as are required to construct, install and operate the cable television system contemplated hereunder;
(12) Construction timetable. A description of system construction including the timetable for provision and extension of service to different parts of the city;
(13) Technical description. A technical description of the type of system proposed by the applicant, including but not limited to system configuration, (i.e. hub, dual cable), system capacity, two-way capability and the like;
(14) Existing franchises. A statement of existing franchises held by the applicant indicating when the franchises were issued and when the cable systems were constructed and the present state(s) of the cable system(s) in each respective governmental unit, together with the name and address and phone number of a responsible governmental official knowledgeable of the applicant;
(15) Convictions. A statement as to whether the applicant or any of its officers or directors or holders of 5% or more of its voting stock has in the past ten years been convicted of or has any charges pending for any crime other than a routine traffic offense and the disposition of each case;
(16) Operating experience. A statement detailing the prior cable television experience of the applicant, including that of the applicant’s officers, management and staff to be associated, where known, with the proposed franchise;
(17) Supplementation to applications. The grantor reserves the right to require the supplementary, additional or other information that the grantor deems reasonably necessary for its determinations. The modifications, deletions, additions or amendments to the application shall be considered only if specifically requested by the grantor; and
(18) Incorporation of proposals. The grantee, by the acceptance of any initial franchise awarded hereunder, agrees that the matters contained in the grantee’s application for franchise, except as inconsistent with the FCC Rules and Regulations, law or ordinance, shall be incorporated into the franchise as though set out verbatim.
(C) Forfeiture of proposal bond. Should the grantee fail to comply with the provisions above, it shall acquire no rights, privileges or authority under this chapter whatever, and the amount of the proposal bond or certified check in lieu thereof, submitted with its application, shall be forfeited in full to the grantor as liquidated damages.
(Ord. 2314, passed 1-25-2006) Penalty, see § 120.999