A. Required: To obtain a franchise or license to construct, own, operate, maintain or provide services through any system within the town, to expand a franchisee's current permitted franchise area, or expand a licensee's current permitted license area, to obtain a renewal of a franchise or license granted pursuant to this chapter, or to obtain town approval of a sale, transfer, lease, sublet or other disposal of a system, franchise or license granted pursuant to this chapter, an application must be filed with the town on the form attached to the ordinance codified herein as exhibit A, which is on file in the town office and hereby incorporated by reference. (Ord. 1998-2, 4-9-1998; amd. 2001 Code)
B. Considerations: In making a determination as to an application filed pursuant to this chapter, the town may, but shall not be limited to, consider the following:
1. Provider's financial ability to compensate the town for provider's intrusion, maintenance and use of the public rights of way during the franchise or license term proposed by the provider;
2. Provider's financial ability to operate a telecommunications system or open video system in a manner which protects and makes efficient use of the public rights of way;
3. Provider's compliance with the terms and conditions of federal, state and local laws in other jurisdictions where it operates;
4. Whether provider has secured all certificates and other authorizations required by federal, state and local law in order to construct and operate a telecommunications system or open video system in the manner proposed by the provider;
5. The technical ability of provider to construct, maintain and operate a system in compliance with federal, state and local laws in a manner which protects and makes efficient use the public rights of way and, if applicable, in a manner which results in the provision of safe, reliable services during the term proposed by the provider;
6. The capacity of the rights of way to accommodate the provider's proposed facilities;
7. The capacity of the rights of way to accommodate additional utility and telecommunications facilities if the franchise or license is granted;
8. The damage or disruption, if any, of public or private facilities, improvements or landscaping if the franchise or license is granted;
9. The public interest in minimizing the cost and disruption of construction within the rights of way;
10. The nature and scope of the service that the provider will provide to the community and region;
11. The effect, if any, on public health, safety and welfare if the franchise or license is granted;
12. The availability of alternate routes and/or locations for the proposed facilities;
13. Applicable federal and state telecommunications laws, regulations and policies;
14. Such other factors as may demonstrate that the grant to use the rights of way will serve the community interest; and
15. The willingness to enter into a pole attachment agreement with the town.
The town, in its discretion, shall determine the award of any franchise or license on the basis of these and other relevant considerations without competitive bidding.
C. Limitations: The town may grant one or more franchises in a franchise area or one or more licenses in a license area. The town may, in its sole discretion, limit the number of franchises or licenses granted, based upon, but not necessarily limited to, specific local considerations, such as:
1. The capacity of the rights of way to accommodate multiple fiber in addition to the cables, conduits and pipes of other users of the rights of way, such as electrical power, telephone, gas and sewage utilities.
2. The impact that an additional grant may have on rights of way, particularly the disruption arising from numerous excavations of the rights of way. (Ord. 1998-2, 4-9-1998)