(A) (1) Upon receipt of an application for a franchise other than a Cable Act renewal franchise, the Village Board may commence a proceeding to identify the future cable-related needs and interests of the community.
(2) Upon completion of that proceeding or after receipt of the application if no proceeding is commenced, the Village Board shall either evaluate the application or issue an RFP, which shall be mailed to the applicant and made reasonably available to any other interested person. The procedures, instructions and requirements set forth and required herein.
(3) The village may seek additional information from any applicant and establish deadlines for the submission of the information.
(4) If the village issues an RFP, it shall evaluate all timely responses.
(B) In evaluating an application for a franchise including a response to an RFP, the village shall consider, among other things, the following factors:
(1) The extent to which the applicant substantially complied with the applicable law and the material terms of any franchises in other communities;
(2) Whether the quality of the applicant’s service under any franchises in other communities, including signal quality, response to customer complaints, billing practices and the like, was reasonable in light of the needs and interest of the communities served;
(3) Whether there is adequate assurance that the applicant has the financial, technical and legal qualifications to provide cable service in the village;
(4) Whether the application satisfies any minimum requirements established by the village and is otherwise reasonably likely to meet the future cable-related needs and interest of the community, taking into account the cost of meeting such needs and interests;
(5) Whether there is adequate assurance the applicant will provide suitable public, educational and governmental access facilities;
(6) Whether issuance of a franchise is warranted and in the public interest considering the immediate and future effect on the public rights-of-way that would be used by the cable system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services or use of the public rights-of-way; and
(7) Whether the applicant or an affiliate of the applicant owns or controls any other cable system in the village or whether grant of the application may eliminate or reduce competition in the delivery of cable service in the village.
(C) (1) If the Village Board finds that it is in the public interest to issue a franchise considering the factors set forth above, the village shall prepare a final written franchise agreement under this code that incorporates, as appropriate, the commitments made by the applicant and establish a deadline for the applicant to sign it and submit it for approval.
(2) If the applicant signs the franchise agreement and timely submits it for approval, the village shall issue a franchise by ordinance adopted no less than 30 days after the filing of the original application.
(D) If the Village Board denies a franchise, it will issue a written decision explaining why the franchise was denied.
(E) Prior to deciding whether or not to issue a franchise, the Village Board shall hold a public hearing; however, the village may reject without hearing any application that is incomplete or fails to respond fully to an RFP.
(F) This code is not intended and shall not be interpreted to grant standing to challenge the issuance of a franchise to another person or to limit the standing.
(G) If an application seeks authority for a franchise in addition to an existing franchise, the village shall comply with state law, including ILCS Chapter 65, Act 5, § 11-42-11.
(`92 Code, § 8-1-41) (Ord. 96-19, passed 10-2-96)