(a) The application for a franchise to install, construct, maintain or operate a cable communications system in the City, or to furnish a cable communications service therein, shall be made in writing to Council in such form as may be prescribed; shall include a description and map of the territory in the City within which the cable communications system is to be installed, constructed, maintained or operated or the cable communications service is to be provided; shall be accompanied by a showing of the applicant's legal, financial, technical and other qualifications to be franchisee hereunder; and shall contain:
(1) In establishing legal qualifications, if other than a single individual, a certified copy of the partnership agreement, articles of association or articles of incorporation, as the case may be, and if a foreign corporation, a certified copy of its authorization to do business in the State;
(2) In establishing financial qualifications, a copy of applicant's current balance sheet as of a date not more than sixty days prior to the date of the application; if a loan or other credit arrangement is to be consummated to finance the establishment and operation of the proposed facilities, full particulars relative thereto, including the identity of the creditor;
(3) In establishing technical qualifications, a statement of the arrangements to ensure the rendition of good service, including the type and kind of facilities to be employed, the technical standards to be followed, the maintenance and repair facilities to be used, the number and description of technical personnel, including copies of any contracts, agreements or arrangements relating to any of the matters set forth in this paragraph;
(4) A statement as to the location of any antenna site and the location of the applicant's place of business in the City;
(5) A statement as to any affiliated corporations or business organizations engaged in providing cable communications service or interlocking directorships or ownerships held by owners, officers or directors of the applicant with any other business engaged in providing cable communications service;
(6) A detailed statement as to the arrangements and time table by which the applicant proposes to construct the cable communications facilities and system;
(7) Information as to the following programming services and public services which it proposes to provide:
A. The off air signals to be carried initially;
B. The number of channels offered and the potential for diversified services to local government, educational institutions, community groups, householders and local commercial interests; and
C. Projected development of customer and community services, indicating priorities in development and estimated time schedules therefor;
(8) Cost estimates of development, installation and maintenance of the system, which items shall be deemed to include, but not be limited to, the proposed cost of acquisition of the system where approval of a transfer of the franchise has been requested;
(9) Revenue forecasts for the next five years of service;
(10) A proposed schedule of rates for installation charges. monthly service fees and relocation charges; and
(11) Such other information as the City may request.
The application shall be accompanied by a fee of one thousand five hundred dollars ($1,500), which fee shall be refunded if the applicant is not granted a franchise.
(b) Upon the filing of such an application and the payment of the fee as prescribed, Council shall consider the application and may request such additional information as it deems necessary to establish the legal, financial, technical and other qualifications of the applicant to provide a cable communications service in the City.
(c) If Council determines that the applicant possesses the necessary qualifications, legal, financial, technical and otherwise, to reasonably ensure the applicant's ability to satisfactorily install, construct, maintain or operate a cable communications system or to furnish a cable communications service to the public in the City, Council may issue to the applicant a nonexclusive franchise therefor. However, no franchise shall be issued until the franchise application has been on file in the office of the City Clerk and until Council has held a public hearing on such application, after due notice of the time and place of such hearing has been given the public.
(d) In determining whether or not such a franchise shall be issued, Council shall take into consideration, among other things, the technical qualifications of the applicant; the financial responsibility of the applicant; the ability of the applicant to perform efficiently the service for which the franchise is requested, including the prior experience, if any, of the applicant in providing cable communications systems or in furnishing cable communications service; the proposed rate schedule; the nature and scope of the applicant's proposed system; and the time table for development of the applicant's proposed system.
(e) No franchise granted under this chapter may be sold, transferred or assigned unless such transaction is first approved by the City, after receipt of a written application therefor containing the same information as to the transferee as would be required of an original applicant. Prior approval of the City shall be required where ownership or control of more than twenty-five percent of the right of control of the franchisee is acquired by a person or group of persons acting in concert, none of whom already owns or controls twenty-five percent or more of such right of control, singularly or collectively.
(f) No franchise granted under this chapter may be sold, transferred or assigned and not more than twenty-five percent of the right of control of the franchisee shall be transferred to a person or group of persons acting in concert, none of whom already owns or controls twenty-five percent or more of such right of control, singularly or collectively, until such sale, transfer or assignment of franchise or transfer of right of control has been offered to the City or to a person approved by the City. Such offer shall be made at a price not greater than, and on terms equivalent to, that made to the offeror by a bona fide bidder for such franchise or right of control. The City or the person approved by the City shall accept or reject the offer within ninety days. This provision shall not be deemed to restrict the transfer by bequest or descent of stock of the franchisee. (Ord. 175. Passed 7-21-81.)