(A) Any person, agency, organization or entity desiring to construct, install, maintain or operate a cable communication system within the town shall submit an application to the Council. An application must be filed with the Town Clerk for grant of a new license, renewal of a license or transfer of a license under either the formal or informal procedures in accordance with Section 626 of the Cable Act, as amended, 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) All applications filed with the Town Clerk remain the property of the town. Applications submitted may be returned as incomplete if they do not comply with all requirements of the town.
(C) To be acceptable for filing, an application must:
(1) Be submitted in the number of copies required by the town;
(2) Be accompanied by the non-refundable application filing fee;
(3) Conform to any applicable request for proposals, and contain all required information.
(D) Application forms may be obtained from the Town Clerk. If no formal application is available, a submittal shall include items listed in this section. All applications must include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.
(E) All applications accepted for filing must be made available by the town for public inspection.
(F) An application for the grant of a new license may be filed pursuant to a request for proposals issued by the town or on an unsolicited basis. The town may, at its option, issue a request for proposals upon receipt of an unsolicited application. If the town 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 town that its unsolicited application should be considered as its response to the request for proposals, or may withdraw its unsolicited application. An application which is unresponsive to the requirements of a request for proposals may be dismissed by the town without further consideration.
(G) An application for the grant of a new license, license renewal or license transfer must contain information requested in the town's license application form and include information not limited to the following information:
(1) Identification of the ownership and control of the applicant, including:
(a) The names and addresses of the ten largest holders of an ownership interest in the applicant, and all persons with 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) A statement addressing whether the applicant, or any person controlling the applicant, or any officer or major stockholder of the applicant:
1. Has been adjudged bankrupt;
2. Has had a cable license revoked; or
3. Has been found guilty by any court or administrative agency of a violation of a security or antitrust law, a felony, or any crime involving moral turpitude.
(b) 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) A detailed description of the physical facility proposed, including channel capacity, technical design, performance characteristics, headend, and access facilities and equipment.
(6) A description of the construction of the proposed system, including an estimate of above-ground and below-ground 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.
(7) A description of the services to be provided initially, including all broadcast and non-broadcast signals to be carried and all non-television services, and if services will be offered by tiers, identification of the signals or services, or both, to be included on each tier.
(8) The proposed rate structure including charges for each service tier, installation, converters, and other equipment or services.
(9) 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 town.
(10) 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.
(11) 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 town to make its determination under § 118.25(E).
(12) Any other information necessary to demonstrate compliance with the requirements of this chapter and information that the town may reasonably request of the applicant.
(H) 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 town to make a determination on the requested license modification.
(I) 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 § 118.39.
(Prior Code, Ch. 18, Art. V, § 18-307) (Ord. 343-04, passed 6-21-2004; Ord. 366-05, passed 3-7-2005)