(A) It shall be unlawful for any person to engage in or otherwise participate in the construction, operation or maintenance of a CATV system in the town unless the person or the person for whom the work is being done shall have first obtained and shall hold a currently valid franchise granted pursuant to the provisions of this chapter. It shall also be unlawful for any person to engage in the business of providing a CATV service in the town unless the person shall have first obtained, and shall hold a currently valid franchise granted pursuant to the provisions of this chapter; provided, however, this chapter shall not apply to any person who only provides master antenna service to property owned or leased by the person.
(B) A person seeking issuance of a franchise hereunder shall file a written application, in duplicate, with the Town Clerk. The application shall contain the following information:
(1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner. If the applicant is a corporation, the application shall also state the names and addresses of its directors and officers, and shall include a certified copy of the articles of incorporation;
(2) A statement showing the applicant’s experience, if any, in establishing a CATV system and in providing a CATV service;
(3) A statement showing applicant’s financial ability to complete the construction and installation of the proposed CATV system and to provide a CATV service. All financial data submitted in compliance with the requirements of this division (B) shall be confidential and shall not be regarded as public information;
(4) A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the manner in which applicant proposed to construct, install, maintain and operate the same; and particularly the extent and manner in which existing or future poles or other facilities of other public utilities will be used for the system;
(5) A copy of any arrangement, agreement or contract, if existing, between the applicant and any public utility providing for the use of facilities of the public utility, such as poles, lines, cables or conduits;
(6) A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the ownership, control or transfer of the proposed franchise or the proposed CATV system and service. If a franchise is granted to a person posing as a front or as the representative of another person and the information is not disclosed in the original application, the franchise shall be deemed void and of no force and effect whatsoever; and
(7) A statement or schedule of proposed rates and charges to subscribers for installation and services.
(C) Upon consideration of any application, the town shall determine the applicant’s qualifications to construct, operate and maintain a CATV system and to provide a CATV service in accordance with the provisions of this chapter. If the town determines that the applicant is so qualified, it may, by ordinance, grant a non-exclusive franchise to the applicant.
(Prior Code, § O-I-3) Penalty, see § 115.99