A. An application must be filed with the city for grant of a new license, renewal of a license under either the formal or informal procedures in accordance with section 626 of the cable act, modification of a license agreement, transfer of a license, or, where approval is required, for a transfer of an interest in a licensee. An applicant has the burden to demonstrate compliance with all application requirements of this chapter.
B. To be acceptable for filing, an application must:
1. Be submitted in the number of copies required by the city;
2. Be accompanied by the nonrefundable application filing fee;
3. Conform to any applicable request for proposals; and
4. Contain all required information.
All applications must include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.
C. All applications accepted for filing must be made available by the city for public inspection.
D. An application for the grant of a new license may be filed pursuant to a request for proposals issued by the city or on an unsolicited basis. The city may, at its option, issue a request for proposals upon receipt of an unsolicited application. If the city elects to issue a request for proposals upon receipt of an unsolicited application, the applicant may submit an amended application in response to the request for proposals, or may inform the city that its unsolicited application should be considered as its response to the request for proposals, or may withdraw its unsolicited application. The city without further consideration may dismiss an application, which is unresponsive to the requirements of a request for proposals.
E. An application for the grant of a new license must contain, at minimum, the following information:
1. Identification of the ownership and control of the applicant, including:
a. The names and addresses of the ten (10) largest holders of an ownership interest in the applicant, and all persons with five percent (5%) or more ownership interest, including the percentage interest held by all such persons;
b. The persons, if any, who control the applicant; all officers and directors of the applicant; and
c. Any other business affiliation and cable system ownership interest of each named person.
2. A statement addressing whether the applicant, or any person controlling the applicant, or any officer or major stockholder of the applicant:
a. Has been adjudged bankrupt;
b. Has had a cable license revoked; or
c. Has been found guilty by any court or administrative agency of a violation of a security or antitrust law.
Any statement under this subsection must identify the person or persons involved and provide a full explanation of the circumstances.
3. A demonstration of the applicant's technical, legal and financial ability, including financing sources and commitments, to construct and operate the proposed cable facility, including identification of key personnel.
4. The geographic area to be served by the cable system.
5. If the applicant seeks a limited license under this chapter, a description of how the proposal meets the requirements for a limited license, including the justification for any waiver of the minimum requirements.
6. A detailed description of the physical facility proposed, including channel capacity, technical design, performance characteristics, headend, and access facilities and equipment.
7. A description of the construction of the proposed system, including an estimate of aboveground and belowground mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space on poles and conduits including, where appropriate, an estimate of the cost of rearrangement of facilities to accommodate such use.
8. A description of the services to be provided initially, including all broadcast and nonbroadcast signals to be carried and all nontelevision services, and if services will be offered by tiers, identification of the signals or services, or both, to be included on each tier.
9. The proposed rate structure including charges for each service tier, installation, converters, and other equipment or services.
10. A demonstration of how the proposal will reasonably meet the future cable related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted for the city.
11. An affidavit of the applicant or authorized officer that:
a. Certifies the truth and accuracy of the information in the application;
b. Acknowledges the enforceability of application commitments; and
c. Certifies that the proposal meets all applicable federal and state requirements.
12. If an applicant proposes to construct a cable system which would constitute an overbuild, the identification of the area where the overbuild would occur, the potential subscriber density in the area to be served by competing cable systems, and other information as necessary for the city to make its determination under subsection 5A-9E of this chapter.
13. Any other information necessary to demonstrate compliance with the requirements of this chapter and information that the city may reasonably request of the applicant.
F. An application for modification of a license agreement must include, at a minimum, the following information:
1. The specific modification requested;
2. The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the impact on the applicant if the modification is not approved;
3. A statement whether the modification is sought pursuant to section 625 of the cable act, and, if so, a demonstration that the requested modification meets the legal standards of the cable act; and
4. Any other information necessary for the city to make a determination on the requested license modification.
G. An application for approval of a transfer of a license or a transfer of an interest in a licensee must comply with the requirements of section 5A-22 of this chapter. (Ord. 05-589, 5-23-2005)