(A) An application must be filed with the city for grant of a new franchise, renewal of a franchise under either the formal or informal procedures in accordance with Section626 of the Cable Act, 47 U.S.C. § 546, modification of a franchise agreement, or a transfer of a franchise. An applicant has the burden to demonstrate compliance with all requirements of this chapter and of federal law.
(B) To be acceptable for filing, an application must be submitted in the number of copies required by the city, be accompanied by the application filing fee where required, conform to any applicable request for proposals, and contain all required information. All applications must include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.
(C) All applications accepted for filing must be made available by the city for public inspection. The city shall advertise the receipt of all accepted applications in accordance with standard procedure.
(D) An application for the grant of a new franchise may be filed pursuant to a request for proposals issued by the city or on an unsolicited basis. The city, upon receipt of an unsolicited application, may issue a request for proposals. If the city elects to issue a request for proposals upon receipt of an unsolicited application, the applicant may submit an amended application in response to the request for proposals, or may inform the city that its unsolicited application should be considered in response to the request for proposals, or may withdraw its unsolicited application. An application which does not conform to the requirements of a request for proposals may be considered nonresponsive and returned.
(E) An application for the grant of a new franchise must contain, at minimum, the following information:
(1) Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of the ten largest holders of an ownership interest in the applicant, and all known persons with 5% or more ownership interest; the persons who control the applicant; all officers and directors of the applicant; and any other business affiliation and cable system ownership interest of each named person;
(2) An indication of whether the applicant, or any person controlling the applicant, or any officer or major stockholder of the applicant, has been adjudged bankrupt, had a cable franchise revoked, or not renewed, or been found guilty by any court or administrative agency of a violation of a security or antitrust law, or a felony, or any crime involving moral turpitude; and, if so, identification of any such person or entity and a full explanation of the circumstances;
(3) A demonstration of the applicant’s technical, legal and financial ability to construct and operate the proposed cable facility, including identification of key personnel;
(4) A description of applicant’s prior experience in cable operations and identification of communities in which applicant or its principals have, or had, a cable franchise or an interest therein, including the identification of any litigation involving any such franchisees and their franchising authorities;
(5) Identification of the area to be served by the cable system if the entire city is not to be served;
(6) A detailed description of the physical facility proposed, including channel capacity, technical design, performance characteristics, headend, and access facilities to be provided to satisfy the requirements of § 118.48;
(7) A description of the construction of the proposed system, including an estimate of above-ground and below-ground mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space on poles and conduits including, where appropriate, an estimate of the cost of rearrangement of facilities to accommodate such use;
(8) A description of the services to be provided initially, including all broadcast and non-broadcast signals to be carried and all non-television services, and if services will be offered by tiers, identification of the signals and/or services to be included on each tier;
(9) The proposed rate structure including charges for each service tier, installation, converters, and other equipment or services;
(10) A demonstration of how the proposal will reasonably meet the future cable-related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted for the city;
(11) Pro forma financial projections for the first three years of the franchise term, including statement of income, balance sheet, sources and uses of funds, and schedule of capital additions, with all significant assumptions explained in notes or supporting schedules;
(12) An affidavit of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and acknowledging the enforceability of application commitments, and certifying that the proposal meets all federal and state requirements; and
(13) Any other information necessary to demonstrate compliance with the requirements of this chapter and information that the city may request of the applicant.
(F) An application for modification of a franchise must include, at minimum, the following information:
(1) The specific modification requested;
(2) The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the impact on the applicant if the modification is not approved;
(3) A statement whether the modification is sought pursuant to Section 625 of the Cable Act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification meets the legal standards of 47 U.S.C. § 545; and
(4) Any other information necessary for the city to make a determination.
(G) An application for renewal of a franchise must comply with the requirements of § 118.41.
(H) An application for approval of a transfer of a franchise must comply with the requirements of § 118.42.
(Ord. 89-15, passed 5-8-89; Am. Ord. 12-49, passed 9-10-12)