(A) An application must be filed with the city for grant of an initial franchise, renewal of a franchise under either the formal or informal procedures in accordance with § 626 of the Cable Act, 47 U.S.C. § 546, modification of a franchise agreement or a transfer of a franchise. An applicant the burden to demonstrate compliance with all requirements of this chapter and of federal law relating to the operation of a cable system.
(B) To be acceptable for filing an application must be submitted in the number of copies required by the city be accompanied by the application filing fee where required, conform to any applicable request for proposals and contain all required information. All applications must include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.
(C) All applications accepted for filing must be made available by the city for public inspection. The city shall advertise the receipt of all accepted applications in accordance with standard procedure.
(D) An application for the grant of an initial franchise may be filed only in response to a request for proposals issued by the city and publicly advertised. A person that desires to file an application may file a request with the city to issue a request for proposals. Such a request should indicate the nature of that person's interest and why it is believed that the issuance of an initial franchise would serve the public interest. An application that does not conform to the requirements of a request for proposals shall be considered non-responsive and shall be returned.
(E) An application for the grant of an initial franchise must contain, at minimum, the following information:
(1) Name and address of the applicant and identification of the ownership and control of the applicant, including: 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; the persons who control the applicant; all officers and directors of the applicant; and any other business affiliation and cable system ownership interest of each named person;
(2) An explanation of whether the applicant, any person holding a direct or indirect beneficial interest of any kind of 5 % or more in the applicant, or any officer or director of the applicant, has ever been adjudged bankrupt, had a cable franchise revoked or not renewed, or been found guilty by any court or administrative agency of a violation of a security or antitrust law, or a felony, or any crime involving moral turpitude; and, if so, identification of any such person or entity and a full explanation of the circumstances;
(3) A demonstration of the applicant's technical, legal and financial ability to construct and operate the proposed cable facility, including identification of key personnel;
(4) A detailed description of applicant's prior experience in cable or similar operations and identification of any other communities in which the applicant or any person holding directly or indirectly a beneficial interest of any kind of 5 % or more in the applicant have, or had, a cable franchise or an interest therein, including the identification of any litigation involving any such franchisees and their franchising authorities;
(5) A detailed description of the applicant's plan to construct and an identification of the areas to be served;
(6) A detailed description of the physical facility proposed, including channel capacity, technical design, performance characteristics, headend and any access facilities to be provided;
(7) A detailed description of the construction of the proposed system, including an estimate of aboveground 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 or other modification of facilities to accommodate the use;
(8) A detailed description of the services to be provided initially;
(9) The proposed rate structure including charges for each service tier, installation, converters and other equipment or services;
(10) 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 by or for the city;
(11) Pro forma financial projections for the first five years of the franchise term, including statement of income, balance sheet, sources and uses of funds, and schedule of capital additions, with all significant assumptions explained in notes or supporting schedules;
(12) An affidavit of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments and certifying that the proposal meets all federal and state requirements; and
(13) Any other information necessary to conform with the requirements of a request for proposals and information that the city may request of the applicant.
(F) Subject to the provisions of 47 U.S.C. § 545, an application for modification of a franchise must include, at 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, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification meets the legal standards of 47 U.S.C. § 545; and
(4) Any other information necessary for the city to make a determination.
(G) An application for renewal of a franchise must comply with the requirements of § 115.24.
(H) An application for approval of a transfer or assignment of a franchise must comply with the requirements of § 115.25.
(I) To be acceptable for filing an application must be accompanied by a filing fee in the following amount, as appropriate:
(1) For an initial franchise: $2,500.
(2) For a renewal term of a franchise: $2,500.
(3) For a transfer or assignment of a franchise: $1,500.
(4) For a pro forma transfer or assignment of a franchise: $500.
(5) For a modification of a franchise pursuant to 47 U.S.C. § 545: $1,500.
(1989 Code, § 115.19) (Ord. 1988, passed 11-9-1992)