(A) Standards.
(1) The applicant must be willing to comply with the provisions of this chapter and applicable laws; and to comply with such requirements of a franchise as the city may lawfully require.
(2) The applicant must not have had any cable system or OVS franchise validly revoked, (including any appeals) by the city within three years preceding the submission of the application.
(3) The applicant must not have had an application to the city for an initial or renewal cable system franchise denied on the ground that the applicant failed to propose a cable system meeting the cable-related needs and interests of the community, or as to which any challenges to such franchising decision were finally resolved (including any appeals) adversely to the applicant, within three years preceding the submission of the application; and must not have had an application for an initial or renewal OVS franchise denied on any ground within three years of the application.
(4) The applicant shall not be issued a franchise if, at any time during the ten years preceding the submission of the application, the applicant was convicted of fraud, racketeering, anti-competitive actions, unfair trade practices or other conduct of such character that the applicant cannot be relied upon to deal truthfully with the city and the subscribers, or to substantially comply with its obligations.
(5) The applicant must have the necessary authority under California and federal law to operate a cable system, or show that it is in a position to obtain that authority.
(6) The applicant shall not be issued a franchise if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.
(7) For purposes of divisions (A)(2) through (4) of this section, the term applicant includes any affiliate of the applicant.
(B) Exception. Notwithstanding division (A) of this section, an applicant shall be provided a reasonable opportunity to show that a franchise should issue even if the requirements of divisions (A)(3) and (4) are not satisfied, by virtue of the circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of a cable system.
(Ord. 678-C.S., passed 4-20-04) Penalty, see § 114.15