Applications for an original communications franchise granted hereunder shall be filed with the city with ten additional copies. All applications received by the city from the applicants will become the sole
property of the city. Applicants shall submit all requested information as provided by the terms of this chapter. The following information must be complete and verified as true by the applicant:
(A) Filing fee. Applications shall be accompanied by a non-refundable application fee of $1,000 payable to the city. Said application fee shall defray in whole or part the city's costs to process any application filed under this chapter and negotiate, award and administer any franchise. Said application fee shall not be considered communications franchise fee payments.
(B) Name and address of applicant. The applicant's name, address, e-mail address and telephone and facsimile numbers; date of application and signature of applicant or appropriate corporate officer(s); the name, address and e-mail address, and telephone and facsimile numbers of a local representative who shall be available at all times; and information regarding how to contact the local representative in an emergency.
(C) Description of proposed system. A description of the applicant's proposed system design.
(D) Services. A statement setting forth a description of all the types of services proposed.
(E) Applicant organization. The applicant shall be a corporation or limited liability company authorized to do business in the Commonwealth of Kentucky, as certified by the Secretary of State. Applicant must fully disclose the ownership of the facilities to be used in rendering the service.
(F) Technical description. Applicant shall provide a technical description of the type of system proposed by the applicant and applicant's plan for the installation of the system. The following information shall be included in the application:
(1) If the applicant is proposing an underground installation in existing ducts or conduits within the rights-of-way, information in sufficient detail to identify the location of the existing ducts or conduits to be occupied.
(2) If applicant is proposing an underground installation within new ducts or conduits to be constructed within the rights-of-way:
(a) The location, depth, size and quantity of proposed new ducts or conduits;
(b) A preliminary installation schedule and completion date.
(G) Engineering statement. A statement from the applicant's senior technical staff member, or consultant, advising that the applicant's planned system and operations thereof would meet all the requirements set forth herein.
(H) Additional requirements.
(1) Supplementary, additional or other information that the applicant deems reasonable for consideration may be submitted at the same time as its application but must be separately bound and submitted with the above number of copies. The city may, at its discretion, consider such additional information as part of the application.
(2) Applications may be modified at any time prior to the opening of the applications, provided that any modifications must be duly executed in the manner that the applicant's application must be executed.
(3) A copy of the applicant's certificate of authority from the Public Service Commission ("PSC") where the applicant is lawfully required to have such certificate from the PSC.
(4) A copy of the applicant's certificate of authority from the FCC where the applicant is lawfully required to have such certificate from the FCC.
(5) A copy of all insurance policies and certificates required under this chapter.
(6) A statement signed by the applicant that the applicant agrees to be bound by all provisions of the franchise and agrees to obtain all applicable permits and authorizations prior to constructing, installing, or operating a system in the right-of-way.
(7) The information provided by applicant shall be certified as true and correct and applicant shall be responsible to certify to the city any material changes to the information provided in the completed application during the term of any franchise.
(I) Supplementation to applications. The city reserves the right to require such supplementary, additional or other information that it deems reasonably necessary for its determinations.
(J) The city's rights reserved. The city reserves the right to waive all formalities and/or technicalities where the best interest of the city may be served.
(Ord. 4-2005, passed 5-19-05) Penalty, see § 10.99