(a) Permits to Operate Cable Communications Systems in the City.
(1) No operator shall offer service to subscriber by means of a cable communications system within the city unless it holds a permit granted pursuant to this chapter and authorizing such a system within the city and in, under, and over the streets, highways, and other public property or public grounds of the city.
(2) All permits or renewal of permits granted by ordinance pursuant to this chapter shall be non-exclusive and, except as specifically permitted herein, nonassignable; the city reserves the right to issue as many such permits as it deems advisable in the public interest and shall not unreasonably refuse to award additional permits.
(3) As provided in Section 793.06(d) and (e), any permit granted pursuant to this chapter may be revoked prior to its expiration. Such revocation shall be effective upon the effective date of an ordinance or resolution of City Council which revokes such permit.
(4) The term of each initial permit shall be for a period of no more than 15 years, the effective date to be pursuant to Section 793.05(d), with the right of renewal consistent with state and federal law. At the option of the city such renewal shall be for a term of no more than 15 years as set forth in any permit granted hereunder. Any permit granted pursuant to this chapter may be revoked prior to the permit's termination as provided by this chapter or in the permit.
(b) Application for permit. All applications for an initial or renewal permit to construct, operate or maintain any cable communications system in the city shall be filed with the City Clerk and the Mayor, and each such application shall set forth, contain, or be accompanied by the following, to the extent not preempted by federal law:
(1) The name, address and telephone number of the applicant.
(2) A statement of the corporate or other business entity organization of the applicant, along with a description of its proposed construction plan, services and rates and other relevant information, in such detail and in such form as determined appropriate by the Mayor.
(3) A non-refundable application fee in the sum of $15,000.00 for an initial permit or $10,000.00 for renewal permits, to pay the costs of studying, investigating, and otherwise processing such application, and which shall be in consideration thereof and not returnable or refundable in whole or in part. Such application fees by an applicant which becomes an operator shall not be deemed to be franchise fees within the meaning of the Cable Act (47 U.S.C. Section 542).
(4) For initial permits, a verified statement that a notice of the filing of such application has been served upon all current operators or any cable television provider operating under franchise granted prior to adoption of this chapter.
(c) Permit Procedure.
(1) Upon receipt of any completed application for a permit, the Mayor shall cause such application to be investigated, shall prepare a report of such investigation, shall make recommendations respecting such application, and shall cause said report and recommendations to be placed upon the agenda of the regular session of the City Council next following the completion thereof. A copy of such report and recommendations and notice of the date it will be presented to the City Council shall be mailed to the applicant at the address listed in the application or otherwise delivered to the applicant.
(2) The City Council shall receive such report and recommendations of the Mayor, which may contain a proposed permit, and shall consider the same together with such application; and shall make its determination either that such application should be accepted and the permit approved upon such terms and conditions as the city shall determine, and as herein provided, or that such application should be rejected. In making any determination hereunder as to any application, the city shall provide an opportunity for public input via a public hearing and shall give due consideration to the quality of the service proposed, rates to subscribers, income to the city, experience, character background, and financial responsibility of the applicant and its management and owners, the technical and performance quality of the equipment to be used, the willingness and ability of the applicant to meet construction and physical requirements, policy conditions, permit limitations, and requirements imposed by this chapter or pursuant hereto, and any other considerations deemed pertinent by the city for safeguarding the interest of the city and the public. The city may determine that the award of any permit shall be made on the basis of such considerations with or without competitive bidding, or otherwise in its discretion.
(3) If the city shall determine that such application should be rejected, such determination shall be final and conclusive, and the same shall be deemed rejected subject to any rights of appeal as provided by law.
(4) The above procedures shall be effective only to the extent not preempted by federal law.
(d) Acceptance of Permit.
(1) Any permits hereunder shall become effective upon the filing of written acceptance thereof with the Clerk of City Council, with a copy to the Mayor; and such written acceptance shall operate as acceptance of each and every term and condition and limitation contained in this chapter and in such permit.
(2) Such written acceptance shall be so filed by the applicant not later than 12:01 p.m. of the 30th day after the effective date of the ordinance granting such permit, unless otherwise set forth in such ordinance; and in default of the filing of such written acceptance as herein required, the applicant shall be deemed to have rejected and repudiated the same; and thereafter, the acceptance of any such applicant shall not be received nor filed by the Clerk of City Council, and such applicant shall have no rights, remedies or redress in the premises unless and until the City Council shall, by resolution, determine that such acceptance be received or filed, and then upon such terms and conditions as the city may impose.
(Ord. 91-99. Passed 7-26-99.)