(a) A written application for grant of an initial or a renewal OVS franchise shall be filed with the city. To be acceptable for filing, not less than an original of the application shall be submitted together with two copies. The application must conform to any applicable request for proposals, and contain all information required under Section 2.10.300(b). All applications shall include the names and addresses of individuals authorized to act on behalf of the applicant with respect to the application.
(b) The cable coordinator may specify the information that must be provided in connection with a request for proposals or an application for an initial or a renewal OVS franchise. At a minimum, each application must: identify the applicant; show where it plans to construct its system, and the system construction schedule; show that the applicant will provide adequate channels, facilities and other support for public, educational and governmental use (including institutional network use) of the OVS; and show that the applicant is financially, technically and legally qualified to construct, operate, maintain and repair the OVS.
(c) A person may apply for an initial or a renewal OVS franchise on its own initiative or in response to a request for proposals.
(1) Upon receipt of an application the city shall proffer the applicant a proposed OVS franchise, which shall be mailed to the individual requesting its issuance and made available to any other interested party. The city may request such other information, as it deems appropriate.
(2) An applicant shall respond to requests for information completely, and within the time directed by the cable coordinator, and must strictly comply with procedures, instructions, and requirements the city may establish.
(3) An application may be rejected if it is incomplete, if the response to requests for information is not timely and complete, or the applicant fails to follow procedures or respond fully to information requests.
(d) In evaluating an OVS franchise application, the city may consider the following:
(1) The extent to which the applicant has substantially complied with the applicable law and, in the case of a renewal franchise application, the material terms of any existing city OVS franchise;
(2) Whether the applicant has the financial, technical, and legal qualifications to hold an OVS franchise;
(3) Whether the application satisfies any minimum requirements established by the city for, or will provide otherwise, adequate public, educational, and governmental use capacity, facilities, or financial support (including with respect to institutional networks);
(4) Whether the issuance of a franchise would require replacement of property or involve disruption of property, public services, or use of the public rights-of-way; and
(5) Whether the approval of the application may eliminate or reduce competition in the delivery of cable service in the city.
(e) If the city finds that it is in the public interest to issue an OVS franchise considering the factors above, and such other matters as it is required or entitled to consider, and subject to the applicant's entry into an appropriate OVS agreement, it shall issue a franchise. Prior to deciding whether or not to issue a franchise, the city may hold one or more public hearings or implement other procedures under which comments from the public on an application may be received.
(f) In order to be legally qualified:
(1) The applicant shall comply with the provisions of this chapter and applicable laws, and to comply with such requirements of an OVS franchise as the city may lawfully require;
(2) The applicant must not hold a cable system franchise, or have pending an application for a cable system franchise;
(3) The applicant must not have had any cable system or OVS franchise validly revoked, (including any appeals) by the city within three years preceding the submission of the application;
(4) The applicant may not have had an application for an initial or a renewal cable system franchise to the city denied on the ground that the applicant failed to propose a cable system meeting the cable-related needs and interests of the community (or, in the case of a renewal franchise, denied on the ground that the franchisee failed substantially to comply with the material terms of its franchise), or as to which any challenges to such franchising decision were finally resolved (including any appeals) adversely to the applicant, within three years preceding the submission of the application;
(5) The applicant may not have had an application for an initial or a renewal OVS franchise denied by the city on any grounds within three years of the filing of the application;
(6) The applicant shall not be issued a franchise if, at any time during the ten years preceding the submission of the application, the applicant or any of its officers or directors was convicted of fraud, racketeering, anticompetitive actions, unfair trade practices or other conduct of such character that the applicant cannot be relied upon to deal truthfully with the city and the subscribers, or to substantially comply with its obligations;
(7) The applicant must have the necessary authority under California and federal law to operate an OVS, and must be certified by the FCC under 47 U.S.C. § 573; and
(8) The applicant shall not be issued a franchise if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.
For purposes of Section 2.10.300(a)(2) - (5), the term "applicant" includes any affiliate of the applicant.
(g) Notwithstanding Section 2.10.300(f), an applicant shall be provided a reasonable opportunity to show that a franchise should issue, even if the requirements of Section 2.10.300(a)(4) - (5) are not satisfied, by virtue of the circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of a cable system.
(Ord. 4636 § 26, 2000)