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A. The city may grant a license for a period not to exceed fifteen (15) years to serve all or any specified geographic areas of the city.
B. The city may grant a limited license for a period not to exceed ten (10) years to serve a geographic area that meets both of the following criteria:
1. The geographic area involves no overbuild; and
2. The geographic area is one where the cable will pass at the time the license is granted an average of fewer than thirty (30) dwelling units per cable mile.
C. The city may make the grant of a license conditioned on the completion of construction within a specified time or the performance of other specific obligations and specify that the failure of the licensee to comply with the condition will void the license without further action by the city.
D. A public hearing must be held on each application for a new license that meets all requirements of this chapter. At least fifteen (15) calendar days' public notice must be given before the public hearing. At the public hearing the city manager may accept written and oral testimony and any other material relevant to the application. If more than one application has been submitted, the applications may be considered in the same proceeding.
E. In evaluating an application for a new license, the city must consider:
1. The applicant's character;
2. The applicant's technical, financial, and legal qualifications to construct and operate the proposed system;
3. The nature of the proposed facilities, equipment, and services;
4. The applicant's record of cable performance in other communities, if any; and
5. Whether the proposal will serve the public interest.
F. Where an applicant proposes to overbuild an existing cable system, the city must also consider:
1. The beneficial effects of competition, including any reduced rates to consumers, higher technical standards, and more varied programming offerings; and
2. Any interference or disruption of the existing licensee's operations or service.
G. Based upon the application, the written and oral testimony and other material presented at the hearing, and any other information relevant to the application, the city manager must notify the applicant of the proposed grant or the denial of the application.
H. If the city manager proposes to grant a license application, the city manager and the applicant must agree on the terms of a license agreement within sixty (60) days from the notice of the proposed grant. This period may be extended for good cause by the city manager. If agreement is not reached within sixty (60) days or if the period is not extended, the notice of proposed grant is void.
I. The city must make the text of a proposed license agreement available to the public. A summary of the terms of a proposed license agreement must be advertised for three (3) successive weeks in one or more newspapers of general circulation in the city to give the public the opportunity to comment on the proposed license agreement as required by state law.
J. After complying with the requirements of this section, the city manager may submit recommendations to grant one or more licenses and proposed license agreements to the council. The council must approve or disapprove the grant of a license.
K. Every license grant is subject to a license acceptance fee in an amount not to exceed the city's reasonable costs in considering the application, less the amount of the filing fee. Within thirty (30) days of the date the grant of the license is approved by the council, the city must notify the approved applicant of the amount of the license acceptance fee and its method of calculation. If the license acceptance fee is not paid within thirty (30) days of the date the city notifies the approved applicant of the amount, the grant is void. Before the license is effective, the approved applicant must demonstrate compliance with the bond, insurance, and similar provisions of the license agreement. (Ord. 05-589, 5-23-2005)