Applications for an original franchise grant or renewal thereof shall be filed with the County Judge- Executive and shall contain the following written information and provisions:
(A) If the applicant is an individual, partnership or unincorporated association, its statement shall contain the names and addresses of all persons, including corporations, having a proprietary or equitable interest in and to the prospective franchise if awarded. The term EQUITABLE INTEREST shall include all assignment for value, as well as all contingent assignments of any right or privilege under the prospective franchise, and shall also include any payment or benefit whatsoever resulting from the grant of a franchise;
(B) If the applicant is a corporation, the state and date of incorporation, the name and address of each director and officer, and the name and address of each shareholder owning in excess of 5% of the outstanding shares of the applicant;
(C) Whether the applicant is the owner of any interest in other CATV franchises or systems and the locations and addresses thereof;
(D) Whether the applicant is the owner of any interest in any license issued by the Federal Communications Commission, and if so, a description of the license, and whether the applicant has ever been convicted of any violation of any laws or regulations with respect to the license;
(E) A statement that, the applicant has read and is familiar with the contents of FCC 71-787,63303, dated August 5, 1971, and the appendix attached thereto, being signed by Dean Birch, Chairperson of the FCC, by direction of the Commission to the Chairperson of the United States Senate Communications Commission;
(F) A description of the proposed operation including, but not limited to, business hours, operating staff, maintenance procedures, management and marketing staff compliment and procedures, rules of operation for public access, a statement of service to be provided and a description of the system design which shall be a first quality cable system;
(G) A statement setting forth a description of any automated services proposed as well as a description of the production facilities to be made available by the franchisee for public, municipal and educational access channels;
(H) A statement explaining any assistance in terms of personnel, equipment or capacity to be designated for the programming or programming assistance for the public or educational or governmental access channels;
(I) A detailed schedule of the rates to be charged for the services offered to residential, apartment, commercial and other users of service; the service area or areas; the commencement and completion dates of construction of the CATV system; and the proposed dates the service will be available to the area or areas named;
(J) Audited financial statements for the applicant’s two latest fiscal years unless applicant has not been in existence for at least two years, in which case the applicant shall furnish audited financial statements for the lesser period of time covering the period that the applicant has been in existence;
(K) An estimated ten year operations proforma which shall include the initial and continuing plant investment, annual profit and loss statements detailing income and expenses, annual balance sheets and annual levels of subscriber penetration. These projections shall also specify the estimated average profit or loss anticipated to be received by the applicant for the first ten-year operations period, and shall specify the computations and criteria used to provide the estimate, such as number of homes passed, miles of cable construction and anticipated inflation rate;
(L) Suitable written evidence addressed to the Fiscal Court advising that the applicant has necessary funding to construct and maintain a cable communications system in the county;
(M) A statement detailing the prior CATV experience of the applicant including that of applicant’s officers, management and staff to be associated with the proposed operation;
(N) If an application is for renewal of a franchise, the proposal must include, in addition to the information hereinabove described, a summary of the technical, financial and programming history of the network since the granting of the original franchise; and a statement and timetable that outlines all proposed changes, expansion or improvements in the network as to services, programming or technical specifications;
(O) Twelve copies of the application shall be filed. Supplementary, additional or other information that the applicant deems reasonable for consideration may be submitted at the same time as its application;
(P) The Fiscal Court reserves the right to require supplementary, additional or other information as it deems reasonably necessary for its determinations;
(Q) All applications, after the initial opening shall be opened to public inspection, shall be kept on file a reasonable length of time. Any intentional misrepresentation in an application shall be grounds for its rejection or for subsequent termination of an awarded franchise;
(R) All applications shall be considered firm and final and shall be signed and verified by the applicant; and
(S) The franchisee shall designate those areas to be included in the service area of the proposed cable system. A specific formula shall be submitted detailing how remaining areas may obtain service.
(Ord. 400.450.1, passed 10-17-1980; Ord. 400.450.1-A, passed 11-20-1981)