(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 city unless the person or the person for whom the work is being done shall have first obtained a franchise from the City Council. It shall also be unlawful for any person to engage in the business of providing a community antenna television service in the city unless the person shall have first obtained a franchise from the City Council.
(B) A person seeking issuance of a franchise hereunder shall file a written application, in duplicate, with the City Clerk. The application shall contain 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, parent, and subsidiary companies and of stockholders owning or controlling as much as 3% 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 certified financial statement prepared by a certified public accountant, or person otherwise satisfactory to the City Council, or other financial data acceptable to the Mayor, 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, prepared by or approved by a licensed professional engineer in the electronics field, proposed to be constructed, installed, maintained, or operated by the applicant; the manner in which the applicant proposes to construct, install, maintain, and operate the same; and, particularly the extent and manner in which existing or future poles or other facilities of other public utilities will be used for the system;
(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 the 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 the information is not disclosed in the original application, the 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; and
(8) Any additional information which the City Council, at any time, may deem reasonably necessary to determine whether the requested franchise should be granted.
(C) Upon consideration of any such application, the City Council shall determine the applicant’s qualifications to construct, operate, and maintain a CATV system and to provide a CATV service in accordance with the provisions of this chapter. If the City Council determines that the applicant is not so qualified, it may refuse to grant the requested franchise. If the City Council determines that the applicant is so qualified, it may, by ordinance, grant a franchise to the applicant, to be effective as provided in § 112.05. Provided, however, no provision of this chapter may be deemed or construed as to require the granting of a franchise when the City Council determines that to do so would not be in the public interest. Any franchise granted shall include the following condition:
“The CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Locust and no other purpose whatsoever.”
(Ord. 20, passed 8-5-1982) Penalty, see § 10.99