13-1-3: APPLICATION FOR FRANCHISE AGREEMENT:
   A.   Information Required: All initial franchise applications to construct, operate or maintain any communications system for the purpose of providing video services, or to provide video services via a communications system in this city shall be filed with the city recorder-clerk, and each such application shall set forth, contain or be accompanied by the following in addition to the information required by title 7, chapter 8 of this code:
      1.   The name, address, and telephone number of the applicant.
      2.   A detailed statement of the corporate or other business entity organization of the applicant, including, but not limited to, the following:
         a.   The names, residence addresses and business addresses of all officers, directors and partners or business associates of the applicant.
         b.   The names, residence addresses and business addresses of all persons and entities having controlling, or being entitled to have or control five percent (5%) or more of the ownership of the applicant, and the respective ownership share of each such person or entity.
         c.   The names and addresses of any parent of the applicant to the ultimate parent; and the names and addresses of each entity responsible in whole or in part for management or operation of the applicant or the video service system that will be used by applicant, along with a description of the nature of the responsibilities of such entity.
         d.   A description of the previous experience of the applicant in providing video services and constructing systems used to provide video services; and an identification of all communities in Utah where applicant, or any affiliate, provides video services.
         e.   Information regarding the legal, financial, technical and character qualifications of the applicant.
         f.   Whether grantee is filing the application as a cable operator of a cable system within the meaning of the cable act.
      3.   A detailed description of the proposed plan of operation of the applicant, which shall include, but not be limited to, the following:
         a.   A map or maps of a scale not less than one inch equaling one hundred feet (1" = 100') showing the precise geographic area for which applicant seeks a franchise agreement.
         b.   Plans showing any existing location of the communications system that will be used to provide video services; and, unless the communications system is fully constructed except for drops to subscribers, a plan for system construction, containing at least the information required by subsection 13-1-6C of this chapter.
      4.   A copy of the form of any agreement, undertaking or other instrument proposed to be entered into between the applicant and any subscriber.
   B.   Additional Information: The city may request such additional information as it deems necessary to determine whether or not the application should be granted. The failure to file a complete application, or to provide additional information requests, is grounds for rejecting an application.
   C.   Time For Review: An initial application for a franchise shall be reviewed promptly by the city. The city may grant or deny the application, or grant it subject to conditions. To the extent that the federal communications commission requires the city to take a final action on a completed application by a date certain, a completed application for a franchise shall be deemed denied by final action of the city if the city has not adopted an ordinance granting a franchise to the applicant prior to the deadline, unless the applicable deadline has been lawfully extended.
   D.   Time For Denial: Unless the FCC alters the deadlines, the date on which the application shall be deemed denied for purposes of subsection C of this section shall be:
      1.   Ninety (90) days after the filing of a completed application by an entity for an initial cable franchise that already has a communications system in the rights of way;
      2.   One hundred eighty (180) days after the filing of a completed application by any other entity.
      3.   Provided that, where an application is submitted in connection with a transfer, the deadlines in section 13-1-17 of this chapter shall apply.
   E.   Renewals: Franchise renewals shall be according to applicable state and federal law. The city and grantee by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. (Ord. 2009-08, 7-16-2009)