705.15 FRANCHISE PROCESS.
In order to provide for public participation in franchise selection and to assure fundamentals of due process, the City adopts the following franchise selection process:
(a) Council shall itself serve as the City's franchising authority.
(b) Council shall conduct the franchisee selection process herein described and, after fully considering the evidence presented and the best interests of the City, select cable television franchisees.
(c) Whenever any new system is proposed, or whenever Council determines that the City is being inadequately serviced with cable television, Council shall invite applications for a CATV franchise with the City and give adequate public notice thereof.
(d) Whenever an existing franchise expires, a succeeding franchise shall be designated a renewal franchise, regardless of any changes in the provisions of the franchise agreement. An existing franchise shall be eligible to apply for the renewal franchise. Other competing applicants shall also be permitted to apply for the renewal franchise at the same time and be considered along with the existing franchisee.
(e) Council shall place all franchise applications on public file, available at reasonable times in the Clerk of Council's office.
(f) Council shall give public notice of all such filings, so that the City's residents may familiarize themselves with the franchise applicants and intelligently engage in the franchisee selection process.
(g) At a reasonable time in advance of any proposed public hearings, Council shall publicly give adequate notice thereof.
(h) At a convenient time and place, Council shall then conduct a public proceeding, at which all interested persons shall be afforded the opportunity of testifying as to the qualifications of the various franchise applicants.
(i) At such public proceedings, Council shall examine, among other factors, the applicants' legal character and financial and technical qualifications, as well as the adequacy and feasibility of their construction arrangements.
(j) Within a reasonable time after the conclusion of such public proceedings, Council shall review the evidence presented and select a franchisee.
(1) In the case of a new franchise, Council shall select that applicant which is best qualified to meet the needs of the City, and shall make a public report setting forth the basis for its selection. The selection shall not be based solely on which applicant offers the lower subscriber rates, but shall take into account all the characteristics and qualifications of the applicant listed in subsection (i) hereof and may further take into account the reputation, the record of performance and the financial results an applicant may have developed in operating CATV systems in various communities.
(2) In the case of a renewal of an existing franchise, the existing franchisee shall be selected over competing applicants if the existing franchisee:
A. Demonstrates that he possesses the requisite legal, character, financial and technical qualifications;
B. Establishes at the public hearing that during the preceding franchise term, its record of performance has been satisfactory and its program service has been substantially attuned to meeting the needs and interest of the area; and
C. Satisfies the franchising authority that it will provide at competitive rates a quality of service and programming substantially equal or better than that available to the City from other cablevision companies.
(k) Finally, Council shall enter into a nonexclusive cable television franchise agreement, the terms of which shall comply in all substantial regards with the provisions of this chapter as well as any amendments thereto. Any individual franchise may include additional terms, not otherwise in conflict with FCC rules or the express mandates of this chapter.
(1979 Code 115.15)