A written application shall be filed with the city for grant of an initial OVS franchise; renewal of an OVS franchise; or for a transfer.
(A) (1) Any person may file an application for an open video system franchise on its own initiative, or in response to a request for proposals.
(2) To be accepted for filing, an original and seven copies of a complete application must be submitted to the city. All applications shall be available for public inspection.
(3) Every application shall be accompanied by a nonrefundable fee in amounts established from time to time by the City Commission by resolution.
(4) An applicant that is awarded a franchise shall pay to the city a sum of money sufficient to reimburse it for all expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this subchapter. Such payment shall be made within 30 calendar days after the city furnishes the franchisee with a written statement of such expenses.
(B) An application for an initial or renewal open video system franchise must contain the following information, and such information as the city may from time to time require:
(1) Identity of the applicant; the persons who exercise working control over the applicant and the persons who control those persons, to the ultimate parent;
(2) A proposal for construction of the open video system that sets forth at least the following:
(a) A description of the services that are to be provided over the OVS;
(b) The location of proposed facility and facility design, including a description of the miles of plant to be installed, where it is to be located, and the size of facilities and equipment that will be located in the public rights-of-way; and
(c) Identification of the area of the city to be served by the proposed system, including a description of the proposed franchise area's boundaries.
(3) A description of the manner in which the system will be installed, and the time required to construct the OVS, and the expected effect on usage of the public rights-of-way, including information on the ability of the public rights-of-way to accommodate the proposed system, including, as appropriate given the system proposed, an estimate of the availability of space in conduits and an estimate of the cost of any necessary rearrangement of existing facilities;
(4) A description, where appropriate, of how services will be converted from existing facilities to new facilities, and what will be done with existing facilities;
(5) Proof in the form of financial statements, attested to by a certified public accountant, that the applicant has the financial resources to complete the proposed project, and to construct, operate and repair the proposed facility over the term of the franchise. It is not the intent of the city to require an applicant to prove that the services it proposed to offer will succeed in the marketplace;
(6) Proof that the applicant is technically qualified to construct, operate and maintain the proposed system. At a minimum, the applicant must show that it has experience or resources to ensure that work is to be performed adequately, and can respond to emergencies during and after construction is complete;
(7) Proof that the applicant is legally qualified, which proof shall include that the applicant:
(a) Has received, or is in a position to receive, necessary authorizations from state and federal authorities;
(b) Has not engaged in conduct (fraud, racketeering, violation of antitrust, consumer protection or similar laws) that allows the city to conclude the applicant cannot be relied upon to comply with requirements of a franchise, or provisions of this subchapter;
(c) Is not a convicted vendor 36 months or fewer prior to the date of the application pursuant to F.S. Chapter 287, or was removed from the convicted vendor list pursuant to F.S. § 287.133;
(d) Is willing to enter into a franchise, to pay required compensation and to abide by the provisions of applicable law, including those relating to the construction, operation or maintenance of its facilities, and has not entered into any agreement that would prevent it from doing so;
(e) Does not hold a cable franchise and does not have a pending application for an initial or renewal cable franchise;
(f) Did not have a request for an initial or renewal OVS franchise denied within 36 months of the application (or, where the applicant challenged the denial, the applicant must show more than 36 months has passed since the final adjudication of that challenge); and
(g) Did not have a request for an initial or renewal cable system franchise denied based upon past performance, or because the applicant failed to propose a franchise that reasonably met the cable- related needs and interests of the community, in light of the costs thereof within 36 months of the application (or, where the applicant challenged the denial, the applicant must show more than 36 months has passed since the final adjudication of that challenge).
(8) To the extent that the applicant is in any respect relying on the financial or technical resources of another person, including an affiliate, the proofs required by this section should be provided for that person.
(C) An application for a transfer of a franchise must contain the same information required in this section as to the transferee, except that, if the transferor submitted a franchise application pursuant to this subchapter, to the extent information provided by the transferor remains accurate, the transferee may simply cross-reference the earlier application.
(D) The city may request such additional information as it finds necessary, and require such modifications to the application as may be necessary in the exercise of the city's authority over open video systems. Once the information required by the city has been provided, the city shall promptly review the application and the City Commission shall grant the application if it finds the following:
(1) The applicant has the qualifications to construct, operate and maintain the system proposed in conformity with applicable law. The city shall provide a reasonable opportunity to an applicant to show that it would be inappropriate to deny it a franchise on the grounds that it is not legally qualified, by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing there from and prevent their recurrence, the lack of involvement of the applicant’s principals, or the remoteness of the matter from the operation of an open video system. An application for a franchise area shall not be granted if the applicant has no plans to construct a system within the entire area for which the franchise is sought;
(2) The applicant accepts the modifications required by the city to its proposed system, to the extent applicable law does not prohibit such modifications;
(3) The applicant is willing to enter into a franchise agreement that the city determines complies with the requirements of this subchapter and applicable law; and
(4) Whether issuance of a franchise is in the public interest considering the immediate and future effect on the public rights-of-way and private property that would be used by the open video system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services, or use of the public rights-of-way; and the comparative superiority or inferiority of competing applications.
(E) In the case of a transfer, the city must also determine that:
(1) There will be no adverse effect on the public interest or the city's interest in the franchise;
(2) The transferee agrees to be bound by all the conditions of the franchise and to assume all the obligations of its predecessor; and
(3) Any outstanding compliance and compensation issues are resolved or preserved to the satisfaction of the city.
(F) The city shall not award an applicant a franchise if the applicant files, or in the previous three years filed, materially misleading information in a franchise application, or intentionally withheld information that the applicant lawfully is required to provide.
(Ord. 1406, passed 5-15-02)