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(a) Application Required.
(1) A written application shall be filed with the County for grant of an initial franchise.
(2) To be acceptable for filing, a signed original of the application shall be submitted together with 12 copies. The application must be accompanied by any required application filing fee and contain all required information. All applications shall include the names and addresses of persons authorized to act on behalf of all applicants with respect to the application.
(3) All applications accepted for filing shall be made available by the County for public inspection.
(b) Application for Grant of an Initial Franchise.
(1) A person may apply for an initial franchise by submitting an application containing the information required in division (c) of this section. Upon receipt of such an application, the County will evaluate the application, conducting such investigations as it deems necessary.
(2) The County or its designee may seek additional information from any applicant and establish deadlines for the submission of such information.
(c) Contents of Application.
(1) An application for the grant of an initial franchise shall contain, at a minimum, the following information:
A. Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of the ten largest holders of an ownership interest in the applicant and affiliates of the applicant, and all persons with 5% or more ownership interest in the applicant and its affiliates; the persons who control the applicant and its affiliates; all officers and directors of the applicant and its affiliates; and any other business affiliation and OVS ownership interest of each named person.
B. A demonstration of the applicant's technical ability to construct and/or operate the proposed OVS, including identification of key personnel.
C. A demonstration of the applicant's legal qualifications to construct and/or operate the proposed OVS, including but not limited to a demonstration that the applicant meets the following criteria:
1. A demonstration that the applicant has the necessary authority under State law to operate an OVS.
2. A demonstration that the applicant has the necessary authority under Federal law to operate an OVS.
3. A demonstration of the applicant's financial ability to complete the construction and operation of the OVS proposed.
D. A proposal for how the applicant would reasonably meet the future cable- related needs and interests of the community, including descriptions of how the applicant will meet the needs described in any recent community needs assessment conducted by or for the County, and how the applicant proposes to provide support for public, educational, and governmental access, including channel capacity, facilities, or financial support to meet the community's needs and interests that is comparable to that being provided by a cable franchisee.
E. Identification of the area of the County to be served by the proposed OVS, including a description of the proposed franchise area's boundaries.
F. A detailed description of the physical facilities proposed.
G. Pro forma financial projections for the proposed franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules.
H. Any other information that may be reasonably necessary to demonstrate compliance with the requirements of this chapter.
I. Any additional information that the County may request of the applicant that is relevant to the County's consideration of the application.
J. An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the application meets all federal and state law requirements.
(2) The County may, at its discretion and upon request of an applicant, waive in writing the provision of any of the information required by this division (c).
(d) Application Fee. Applications shall be accompanied by an application fee of twenty-five thousand dollars ($25,000.00) payable to the order of the “County of Loudoun,” which amount shall be used by the County to offset actual expenses incurred in the franchising and evaluating procedures, including, but not limited to, staff time, overhead, materials and consulting services deemed necessary for evaluation of the application. At the conclusion of the review process, the County will refund to the applicant any portion of the application fee which is in excess of the actual costs incurred by the County in reviewing the application. If the County incurs more than twenty-five thousand dollars ($25,000.00) in actual costs in reviewing the application, the applicant will reimburse the County for these additional costs up to a total fee not exceeding fifty thousand dollars ($50,000.00).
(Ord. 2-21. Passed 6-17-02.)