(A) The town may grant a license for a period not to exceed 15 years to serve all or any specified geographic areas of the town. If a license is granted, a provider must be able to provide service to a density of at least 25 dwelling or occupied units per lineal mile.
(B) The town 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 town.
(C) A public hearing must be held on each application for a new license that meets all requirements of this chapter. At least 15 calendar days’ public notice must be given before the public hearing. At the public hearing, the Town 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.
(D) In evaluating an application for a new license, the town 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.
(E) Where an applicant proposes to overbuild an existing cable system, the town 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 or interconnectability to the existing licensee's operations or service.
(F) 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 Town Manager must notify the applicant of the proposed grant or the denial of the application.
(G) The Town Manager and the applicant must tentatively agree on the terms of a license agreement prior to the required public hearings and prior to consideration by the Town Council. The Town Manager may chose to seek input from the Town Council if a dispute on terms of the agreement is unresolved.
(H) The town must make the text of a proposed license agreement available to the public, as proposed cable TV licenses are approved by ordinance and in accordance to state and local public notice requirements.
(I) After complying with the requirements of this section, the Town 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.
(J) Every license grant is subject to a license processing fee in an amount not to exceed the town's reasonable costs in considering the application, less the amount of the application filing fee. Within 30 days of the date the grant of the license is approved by the Council, the town 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 30 days of the date the town 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.
(Prior Code, Ch. 18, Art. V, § 18-308) (Ord. 343-04, passed 6-21-2004; Ord. 366-05, passed 3-7-2005)