(A) It shall be unlawful for any person to engage in or otherwise participate in the construction, operation or maintenance of a community antenna television service in the town unless such person or the person for whom the work is being done shall have first obtained a franchise from the Town Council. It shall also be unlawful for any person to engage in the business of providing a community antenna television service in the town unless such person shall have first obtained a franchise from the Town Council; provided, however, this chapter shall not apply to any person who only provides master antenna service to property owned or leased by said person.
(B) A person seeking issuance of a franchise hereunder shall file a written application in duplicate, with the town’s designated agent. The application shall contain the following information:
(1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner. If the applicant is a corporation, the application shall also state the names and addresses of its directors, officers, parents and subsidiary companies and of stockholders owning as much as 5% of the outstanding stock, and shall include a certified copy of the articles of incorporation;
(2) A statement showing the applicant’s experience, if any, in establishing and in providing a CATV service;
(3) A financial statement prepared by a certified public accountant, or persons otherwise satisfactory to the Town Council, showing applicant’s financial status and its financial ability to complete the construction and installation and to provide a CATV service. In connection therewith, information with respect to financial projections, including nature and sources of capital or equity financing, shall be submitted along with the application. All financial information shall be confidential and shall not be regarded as public information;
(4) A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the manner in which applicant purposes to construct, install, maintain and operate the same; and particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system; number of channels, including number of channels for public assess; a 12-month service plan and a projected three- and five-year service plan of the entire franchised area, with maps to be included showing areas to get service and areas which will not be served, if any;
(5) A copy of any arrangement, agreement or contract, if existing, between the applicant (and) any public utility providing for the use of facilities of such public utility, such as poles, lines, cables or conduits; and copy of agreements with the Department of Transportation to use rights-of-way;
(6) A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the ownership, control or transfer of the proposed franchise or th-proposed CATV system and service. t If a franchise is granted to a person posing as a front or as the representative of another person, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever;
(7) A statement or schedule of proposed rates and charges to residential and commercial subscribers for installation and services;
(8) A non-refundable application fee of an amount set by Council from time to time to cover the costs incurred by the town for reviewing the proposal and the granting of a franchise if the application is approved; and
(9) Any additional information which the Town Council, at any time, may deem reasonably necessary to determine whether the requested franchise should be granted.
(C) Upon consideration of such application, the town shall determine the applicant’s qualifications to construct, operate and maintain a CATV system and to provide CAT service in accordance with the provisions of this chapter, using the following criteria.
(1) Installation plan. Preference may be given an installation plan that would provide flexibility needed to adjust to new developments, maintenance practices and services that would be available to the subscriber and the community immediate and in the future.
(2) Rate schedule. Preference may be given to applicants with the most reasonable installation and subscriber rate schedule.
(3) Financial soundness and capability. The evidence of financial ability require in the applicant’s proposal shall be such as to assure ability to build the system as proposed.
(4) Demonstrated experience in operating a CATV system. Preference may be given upon evidence of the applicant’s experience in operating a CATV system, where such evidence would show or tend to show or confirm the ability of the applicant to furnish sufficient and dependable service to the potential public and private user.
(D) If the Town Council determine that the applicant is not so qualified, it may refuse to grant the requested franchise.
(1) If Town Council determines that an applicant is so qualified, it may, by ordinance, grant a nonexclusive franchise to such applicant; provided, however, no provisions of this chapter may be deemed or constructed as to require the granting of a franchise when the Town Council determines that to do so would not be in the public interest.
(2) The franchise granted shall not be pledged collateral or security for any indebtedness or security obligation without the express written consent of the Town Council.
(3) Any franchise granted shall include the following condition: the CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of town and no other purpose whatsoever.
(Ord. passed 5-9-1983) Penalty, see § 111.99