(a) All franchise applications to construct, operate, or maintain any cable system in the Town, whether a renewal, transfer, or otherwise, or to traverse any portion of those areas for the transmitting or conveying of such service elsewhere, shall be filed with the Town Manager, and each such application shall set forth, contain, or be accompanied by the following:
(1) The name, address and telephone number of the applicant;
(2) A detailed statement of the corporate or other business entity organization of the applicant, including but not limited to the following:
(A) The names and addresses of all general partners and corporate officers of the applicant;
(B) The names and addresses of all persons and entities having, controlling, or being entitled to have or control fifteen percent (15%) or more of the ownership of the applicant and the respective ownership share of each such person and entity;
(C) The names and addresses of any parent or subsidiary of the applicant and of any other business entity owning or controlling in whole or in part or owned or controlled in whole or in part by the applicant;
(D) A detailed description of all previous experience of the applicant in providing cable system services or related to similar services;
(E) A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the fiscal year immediately preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a responsible lending institution or funding source, addressed to both the applicant and the town setting forth a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and overate the proposed system in the Town. The Town Commission shall have the right to reject an applicant's financial statement based upon the Town Commission finding the certified public accountant is not qualified to render the opinion; and
(F) A statement identifying, by place and date, any other cable system franchise(s) awarded to the applicant, its parent or subsidiary; the status of said franchise(s) with respect to completion thereof; and the total cost of completion of such system(s); and the amount of applicant's and its parent's or subsidiary's resources committed to the completion thereof.
(3) A detailed description of the proposed plan of operation of the applicant, which shall include, but not be limited to the following:
(A) A detailed map indicating all areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served;
(B) A statement or schedule setting forth all classifications of rates and charges to be made against subscribers and all rates and charges as to each of any said classifications, including installation charges, service charges, special, extraordinary, or other charges. The purchase price, terms, and nature of any optional or required equipment, device, or other thing to be offered for sale to any subscriber shall be described and explained in detail;
(C) A detailed statement describing the actual equipment and operational standards proposed by the applicant; and
(D) A program listing indicating the channels and networks to be offered to subscribers within the Town, together with a plan which the applicant is willing to commit to for the expansion of programming services.
(4) A copy of the form of any agreement, understanding, or other instrument proposed to be entered into between the applicant and the subscriber;
(5) A detailed statement setting forth in its entirety any and all agreements and understandings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any person, firm or corporation which may affect control or operation of the system contrary to this chapter, as amended, or franchise agreement;
(6) A copy of any agreement covering the franchise area, if existing between the applicant and any public utility providing for the use of any facilities of the public utility, including but not limited to poles, lines or conduits;
(7) True and exact copies, if filed, of the last and most current FCC Cable TV Information Report, FCC Form 325 as submitted to the FCC; and
(8) Any other reasonable information which could materially affect the granting of a new franchise and requested by the Town.
(b) Franchise application fee. Each franchise application submitted for a franchise, whether a renewal, transfer, or new application, shall be accompanied by a franchise application processing fee in such amount as may be set from time to time by resolution of the Town Commission.
(c) Public hearing on franchise applications.
(1) Upon receipt of a franchise application for a cable system franchise, whether a renewal, transfer, or new application, the Town Commission shall publish, within the required time frame, in a newspaper of general circulation a notice of consideration of a cable system franchise. Said notice shall name the applicant, describe the proposed service area, invite comments regarding establishment of a cable system in the proposed franchise area from existing cable systems and the general public and set a time and date certain, at least thirty (30) days from the date of the first publication of the notice, for a public hearing on all applications filed for the establishment of a cable system and for all comments to the establishment of such cable system.
(2) The application shall be a matter of public record. An application may be amended in writing at any time prior to the time and date for the public hearing being set. No amendments to filed applications, oral or written, and no new applications shall be received after the time and date set for the public hearing. The public hearing may be continued from time to time and from place to place as determined to be necessary by the Town Commission.
(d) Issuance of franchise.
(1) The town commission may issue one or more franchises from the applications filed and considered at a public hearing after taking into consideration the following factors:
(A) The financial stability of the applicant and the ability of the applicant to make the necessary investment to erect, operate and maintain the proposed cable system;
(B) The quality and technical reliability of the proposed system based upon the proposed plan of construction and the method of distribution of signals;
(C) The proposed rates and charges to subscribers in the system;
(D) The experience of the applicant in the erection, operation and maintenance of a cable television system;
(E) The potential of disruption of future service by destructive competition because of the presence of too many competing companies based upon the number of potential subscribers in the proposed service areas;
(F) The desirability and feasibility of granting additional rights and privileges to use the streets, alleys, public ways and public places of the Town and the method of placement of the necessary wires, poles, cables, underground conduits, conductors and fixtures to operate and maintain the proposed system;
(G) The location and type of permanent facilities proposed to be constructed for such cable television system;
(H) The economic impact on private property, public need, present and future capacity of public rights-of-way, and potential disruption to existing users of rights-of-way; and
(I) Compliance with the provisions of this chapter.
(2) In no event shall the Town grant any overlapping franchise for cable service within its jurisdiction on terms or conditions more favorable or less burdensome than those in any existing franchise within the Town.
(Ord. 94-05, passed 12-14-94)