(A) Applications.
(1) An application for an initial franchise to provide video programming shall be in writing on a form provided by the city which shall contain where applicable:
(a) The applicant’s name;
(b) The business address of the applicant;
(c) The name and contact information of a designated contact for the applicant;
(d) A description of the geographic area that the applicant proposes to serve;
(e) The PEG channel capacity and capital support proposed by the applicant;
(f) The term of the franchise proposed by the applicant;
(g) Whether the applicant holds an existing authorization to access the public rights-of-way in the subject franchise service area as described in 47 C.F.R. § 76.41(b)(5);
(h) Any additional information required by applicable state or local laws, if any; and
(i) The signature of an authorized officer of the applicant acknowledging the certification of the contents of the application and the applicant’s agreement to all terms and conditions of the proposed franchise which are contained therein.
(2) The initial franchise application may be evaluated according to the following criteria, and approved within 180 days after the city deems the application is complete. In the event applicant is already authorized to occupy the rights-of-way, the time for review and approval will be 90 days.
(3) The evidence of legal, technical and financial ability required in the applicant’s proposal will be such as to assure the ability to complete the entire system within a reasonable time from the date the franchise is granted. The city will also consider the applicant’s ability to operate the system and provide the necessary cable services or video programming in compliance with the terms of this chapter.
(4) The Administrator or designee shall prepare a report and make his or her recommendations respecting such application to the Council.
(5) A public hearing shall be set prior to any grant of a franchise, at a time and date approved by the Council. Within 30 days after the close of the hearing, the Council shall make a decision based upon the evidence received at the hearing as to whether or not the franchise(s) should be granted, and, if granted subject to what conditions.
(6) The city may consider any additional information that it deems applicable.
(B) Acceptance.
(1) By submitting an application, the applicant shall be deemed to have acknowledged the validity of the contents of the application and agreed to all of the terms and conditions thereof. If the application is approved by the Council, it shall be executed by the Administrator. Such execution by the Administrator shall be deemed the grant of a franchise for all purposes, and the applicant shall be deemed a grantee as defined herein.
(2) Upon approval of the Council and execution by the Administrator, grantee shall also deliver any insurance certificates required herein that have not been previously delivered with the application.
(3) Upon submission of the application and the execution thereof by the Administrator, grantee shall be bound by all the terms and conditions contained herein.
(Ord. 660, passed - -2020)