(A) Application Procedures:
1. An application for a new cable television franchise shall be submitted to the city in a form specified by or acceptable to the city, and in accordance with procedures and schedules established by the city. The city may request such facts and information as it deems appropriate.
2. Upon request, any applicant shall furnish to the city a map of suitable scale, showing all roads and public buildings, which indicates the areas to be served and the proposed dates of commencement of service for each area. The proposed service area shall be subject to approval by the city. If approved, the service area shall be incorporated into any franchise granted pursuant to this chapter. If no service area is specifically delineated in a franchise, it shall be considered to be coterminous with the boundaries of the city.
3. After receiving an application for a franchise, the city shall examine the legal, financial, technical and character qualifications of the applicant. The city may grant one or more nonexclusive franchises creating a right to construct and operate a cable television system within the public ways of the city, subject to the provisions of this section.
4. In the event an application is filed proposing to serve a franchise area which overlaps, in whole or in part, an existing grantee's franchise area, a copy of such application shall be served upon any existing grantee by the city by registered or certified mail. Such notice shall be considered a condition precedent to consideration of the application for a franchise by the city.
(B) Competing Service Providers:
1. Any franchise granted by the city shall be nonexclusive. However, nothing in this chapter shall be construed to require it to grant more than one franchise if the city determines, pursuant to the procedures established in this chapter, that granting additional franchises would be detrimental to the public interest.
2. In the event a competing service provider commences operation of a communications facility which offers services similar to those offered by grantee, the city shall not require grantee to operate under terms or conditions otherwise required by this chapter which are either less favorable or more burdensome than those under which the competing service provider must operate. Any franchise which may be granted by the city to a competing service provider shall require the new grantee to provide cable service to the entire franchise area then served by the existing grantee. An existing grantee may, at its discretion, comply with the most favorable terms contained in any subsequent franchise granted by the city.
3. Since competing or overlapping franchises may have an adverse impact on the public rights of way, on the quality and availability of communications services to the public and may adversely affect the existing operator's ability to continue to provide the services and facilities it is presently providing under this chapter, the city may issue a franchise in an area where another grantee is operating only following a public hearing to consider the potential impact which the grant of an additional franchise may have on the community. In considering whether to grant one or more additional franchises, the city shall specifically consider, and address in a written report, the following issues:
(a) The positive and/or negative impact of an additional franchise on the community.
(b) The ability and willingness of the specific applicant in question to provide cable television service to the entire franchise area which is served by the existing cable operator. The purpose of this subsection is to ensure that any competition which may occur among grantees will be on equal terms and conditions so as not to give a competitive advantage to one grantee over another.
(c) The amount of time it will take the applicant to complete construction of the proposed system and activate service in the entire franchise area; and, whether the applicant can complete construction and activation of its system in a timely manner.
(d) The financial capabilities of the applicant and its guaranteed commitment to make the necessary investment to erect, maintain and operate the proposed cable TV system for the duration of the franchise term. In order to ensure that any prospective grantee does have the requisite current financial capabilities, the city may request equity and debt financing commitment letters, current financial statements, bonds, letters of credit or other documentation to demonstrate to the city's satisfaction that the requisite funds to construct and operate the proposed system are available.
(e) The quality and technical reliability of the proposed system, based upon the applicant's plan of construction and the method of distribution of signals, and the applicant's technical qualifications to construct and operate such system.
(f) The experience of the applicant in the erection, maintenance and operation of a cable television system.
(g) The capacity of the public rights of way to accommodate one or more additional cable systems and the potential disruption of those public rights of ways and private property that may occur if one or more additional franchises are granted.
(h) The disruption of existing cable television service and the potential that the proposed franchise would adversely affect the residents of the city.
(i) The likelihood and ability of the applicant to continue to provide competing cable television service to subscribers within the entire franchise area for the duration of the franchise.
(j) Such other information as the city may deem appropriate to be considered prior to granting any competing or overlapping franchise.
(C) Permits For Nonfranchised Entities: The city may issue a license, easement or other permit to a person other than the grantee to permit that person to traverse any portion of the grantee's franchise area within the city in order to provide service outside, but not within the city. Such license or easement, absent a grant of a franchise in accordance with this chapter, shall not authorize nor permit said person to provide cable television service of any type to any home or place of business within the city nor render any other service within the city. (Ord. 755, 8-9-2001)