(a) It shall be unlawful for any person to engage in or otherwise participate in the construction, operation or maintenance of a community antenna television system in the county unless such person or the person for whom the work is being done shall have first obtained a franchise from the board of commissioners. It shall also be unlawful for any person to engage in the business of providing a community antenna television service in the county unless such person shall have first obtained a franchise from the board of commissioners.
(b) In selecting a franchisee pursuant to this article, the applicant shall furnish the following information:
(1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner. If the applicant is a corporation, the application shall also state the names and addresses of its directors, officers, parents and subsidiary companies and of stockholders owning as much as three percent of the outstanding stock, and shall include a certified copy of the articles of incorporation.
(2) A statement showing the applicant's experience in establishing a system and in providing a service.
(3) A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the county board, showing the applicant's financial status and its financial ability to complete the construction and installation of the proposed system and to provide the proposed service. In connection therewith, information with respect to financial projections, including nature and sources of capital or equity financing, shall be submitted along with the application.
(4) A statement and description of the system proposed to be constructed, installed, maintained or operated by the applicant; the manner in which the applicant proposed to construct, install, maintain and operate the system; and, particularly the extent and manner in which existing or future poles or other facilities or other public utilities will be used for such system; and estimated time before the system will be in operation.
(5) A copy of any arrangement, agreement or contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines, cables or conduits.
(6) A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, with respect to the ownership, control or transfer of the proposed franchise or the proposed CATV system and service. If a franchise is granted to a person posing as a front or as the representative of another person and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever.
(7) A statement or schedule of proposed rates and charges to subscribers for installation and services.
(8) Any additional information which the board of commissioners, at any time, may deem reasonably necessary to determine whether the requested franchise should be granted.
(c) Applicants will be evaluated according to the following criteria:
(1) Installation plan. Preference may be given to an installation plan that would provide flexibility needed to adjust to new departments, maintenance practices, and services that would be available to the subscriber and the community immediately and in the future.
(2) Rate schedule. Preference may be given to applicants with the most reasonable installation and subscriber rate schedule.
(3) Financial soundness and capability. The evidence of financial ability required in the applicant's proposal shall be such as to ensure that the applicant can fulfill its financial obligation.
(4) Demonstrated experience in operating a CATV system under county franchise. Preference may be given upon evidence of the applicant's experience in operating a CATV system under county franchise, where such evidence would show or tend to show or confirm the ability of the applicant to furnish sufficient and dependable service to the potential public and private users.
(d) The county board shall award a franchise to an applicant only after a public hearing on the application and proposal.
(Ord. of 10-5-1981, § 12.4; Ord. of 4-3-1995, § 12.4)