5.28.840 Application contents.

   A.   Applicants for the initial CATV franchise shall be authorized, alternatively, to propose in their applications:

      1.   No community use programming, by making no reference to community use programming therein;

      2.   To propose community use programming in the form of and in accordance with Alternative No. 1, as described by Section 5.28.850 of this chapter; or

      3.   To propose community use programming in the form of and in accordance with the provisions of Alternative Nos. 1 and 2, as described by Sections 5.28.850 and 5.28.860 of this chapter.

   B.   An applicant who proposes community use programming in its application shall include in the application the following in relation to the alternative or alternatives proposed:

      1.   Any standard or criteria which will be utilized in connection with the following matters:

         a.   The time made available for and community use programming covering candidates for public elective offices during election campaigns;

         b.   Program quality control;

         c.   The legality of program content and violation of the legal rights of others;

         e.   Any and all preconditions of whatever kind or nature relating to use by third parties of studio facilities or production equipment and broadcast of programming presented thereby.

      2.   The establishment of an independent body proposed by the applicant to administer community use programming. Such a body shall not include any officer or employee of the county, cities, or cable television commission. Nor shall the body include appointees of officers, employees, governing bodies or boards or committees of the county, cities or commission. Once formed or created, the body also shall not include any franchisee nor any appointee by a franchisee or representative of a franchisee. Any such proposal shall specifically identify the following respecting such a body:

         a.   The legal form of existence;

         b.   How the body will be established and who will be responsible for establishment;

         c.   The size, composition and method of selection and appointment of members;

         d.   The terms of members, and grounds and procedures for removal of members, if any;

         e.   The specific powers of the body in relation to administration of community use programming and the means by which such powers will be exercised and enforced; and

         f.   The sources and amounts of funding for support of operation of the body. (Prior code § 20.04.334)