(A) Public notice. Minimum public notice of any public meeting relating to this chapter or the franchise shall be by publication in a newspaper of general circulation in the area at least two days prior to the meeting and posting at Town Hall.
(B) Captions. The captions to sections throughout this chapter are intended solely to facilities reading and reference to the sections and provisions of this proposal. The captions shall not affect the meaning or interpretation of this chapter.
(C) Franchise applications. 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 Town unless the person or the person for whom the work is being done shall have first obtained a franchise from the Board of Commissioners. It shall also be unlawful for any person to engage in the business of providing a community antenna television service in the Town unless the person shall have first obtained a franchise from the Board of Commissioners. Provided, however, this subchapter shall not apply to any person who only provides master antenna service to property owned or leased by the person. A person seeking issuance of a franchise hereunder shall file a written application with the Town 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 as much as 5% 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 CATV system and in providing a CATV service;
(3) A financial statement showing applicant’s financial status and its financial ability to complete the construction and installation of the proposed CATV system and to provide a CATV 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. All financial information shall be confidential and shall not be regarded as public information;
(4) A statement and description of the CATV system proposed to be constructed, installed, maintained, or operated by the applicant; the manner in which 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, firm, or corporation 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 Board of Commissioners, at any time, may deem reasonably necessary to determine whether the requested franchise should be granted.
(Ord. passed 10-13-1998) Penalty, see § 111.999