§ 116.041 SELECTION OF GRANTEES.
   (A)   Applications; fee. Applications for an original franchise granted under this chapter shall be filed with the City Clerk and shall be accompanied by a nonrefundable filing fee of $500. The applications shall contain written information which is responsive to requirements established from time to time by Council.
   (B)   Acceptance of certain applications. Applications for a franchise which were submitted to and accepted by the city prior to October 22, 1980, shall be deemed to be in compliance with division (A) of this section. The provisions for the filing fee shall not be applicable to the applications.
   (C)   Criteria for evaluation of applications. Applications for a BTN franchise will be evaluated according to the following criteria.
      (1)   Experience. Preference may be given to applicants that can give evidence of providing dependable and complete service to other communities and that have established a record of excellent construction practices, the ability to meet deadlines and good planning and marketing practices.
      (2)   Financial stability. Preference may be given to applicants that present evidence of financial resources which will ensure that the applicant will have the ability to complete the entire network in the franchise area within the time period set forth in § 116.046(A).
      (3)   System design. Preference may be given to a system which contains the flexibility to adjust to new technological development and which indicates that high quality equipment will be used and that high quality maintenance practices will be followed.
      (4)   Services. Preference may be given to the applicant that proposes to provide superior programming. In determining what constitutes superior programming, particular consideration will be given to local origination and the resources which an applicant proposes to devote to local origination in order to make it interesting, innovative and financially feasible.
      (5)   Local studio facilities. Preference may be given to applicants that propose to maintain studio facilities within the city.
      (6)   Rate schedules. Preference may be given to applicants with the most reasonable installation and subscriber rate schedules. However, the schedules must be justified in financial pro forma statements by the use of realistic levels of penetration.
      (7)   Local ownership and control. The degree of local ownership and control of an applicant may be taken into account.
   (D)   Priority. The criteria set forth in division (C) of this section are not listed in any order of priority.
   (E)   Procedures for granting a franchise. If Council determines that a franchise should be granted under this chapter, Council will then proceed as follows.
      (1)   Council shall, by motion, make a tentative selection of the applicant. This action shall not constitute the award of a franchise and shall not confer any rights upon the applicant, except to proceed in accordance with this division.
      (2)   The proper officers of the city and the applicant shall discuss the terms of the franchise agreement described in § 116.042.
      (3)   If the city and the applicant reach agreement as to the terms and conditions of the franchise agreement, the agreement shall be presented to Council for approval and authorization for execution by the Mayor.
      (4)   Council shall then, by ordinance, grant a franchise to the applicant.
   (F)   Effective date of franchise. The effective date of a franchise shall be the date on which the ordinance referred to in division (E)(4) of this section is adopted by Council.
(2000 Code, § 5.12.200)