(a) Before commencing the delivery of video programming services to consumers in the city over an open video system, the open video system operator must file an application with the city. That application must include or be accompanied by the following, as applicable:
(1) The identity of the applicant, including all affiliates of the applicant;
(2) Copies of FCC Form 1275, all “Notices of Intent” filed under 47 CFR § 76.1503(b)(1), and the order of the FCC, all of which relate to certification of the applicant to operate an open video system in accordance with Section 653(a)(1) of the Communications Act and the FCC’s rules;
(3) The area or areas of the city that the applicant desires to serve;
(4) A description of the open video system services that will be offered by the applicant over its existing or proposed facilities;
(5) A description of the transmission medium that will be used by the applicant to deliver the open video system services;
(6) Information in sufficient detail to establish the applicant’s technical qualifications, experience and expertise regarding the ownership and operation of the open video system described in the application;
(7) Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant’s financial ability to:
(A) Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the city,
(B) Comply with the city’s public, educational and governmental access requirements as specified below in Section 5.52.230(b)(4),
(C) Comply with the city’s requirement that gross revenue fees be paid in the sum of five percent, as specified below in Section 5.52.230(b)(2);
(8) An accurate map showing the location of any existing telecommunications facilities in the city that the applicant intends to use, to purchase, or to lease;
(9) If the applicant’s operation of the open video system will require the construction of new physical plant in the city, the following additional information must be provided:
(A) A preliminary construction schedule and completion dates,
(B) Preliminary engineering plans, specifications, and a network map of any new facilities to be constructed in the city, in sufficient detail to identify:
(i) The location and route requested for the applicant’s proposed facilities,
(ii) The locations, if any, for interconnection with the facilities of other telecommunications service providers,
(iii) The specific structures, improvements, facilities and obstructions, if any, that the applicant proposes to remove or relocate on a temporary or permanent basis,
(C) The applicant’s statement that, in constructing any new physical plant, the applicant will comply with all applicable ordinances, rules and regulations of the city, including the payment of all required permit and processing fees;
(10) The information and documentation that is required to be submitted to the city by a video provider, as specified below in subsection (b) of Section 5.52.310;
(11) Such additional information as may be requested by the city manager;
(12) A nonrefundable filing fee in an amount established by resolution of the city council.
(b) If any item of information specified above in subsection (a) of this section is determined under paramount federal or state law to be unlawful, the city manager is authorized to waive the requirement that such information be included in the application.
(Ord. 760 § 2 (part), 1998)