Loading...
A Franchise is nonexclusive and shall not explicitly or implicitly preclude the issuance of other Franchises or preclude the City from installing, constructing, operating, and/or maintaining its own Facilities.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
(a) Required for Providers of Telecommunications Service, State Video Service and Personal Wireless Service. The Department of Public Works shall require a Person to obtain a Utility Conditions Permit prior to the construction, installation, or maintenance of Facilities in the Public Rights-of-Way that will be used to provide Telecommunications Service, State Video Service or Personal Wireless Service. UCPs shall be issued by the Department of Public Works in a manner consistent with Applicable Law to Persons who are willing to comply with the City's requirements regarding the physical use and occupation of the Public Rights-of-Way and who have: (A) authority to occupy the Public Rights-of-Way pursuant to California Public Utilities Code Section 7901; (B) authority to occupy the Public Rights-of-Way pursuant to California Public Utilities Code Section 5885; or (C) a license to provide Personal Wireless Service issued under Federal law. Persons intending to construct, install, or maintain Facilities to provide Telecommunications Services, State Video Service or Personal Wireless Service shall prove their legal right to occupy and use the Public Rights-of-Way by providing the Department of Public Works a copy of their current: (a) certificate of public convenience and necessity issued by the CPUC (which shall expressly state the Person's authority to provide facilities-based Telecommunications Service); (b) State Video Service Franchise issued by the CPUC; or (c) license to provide Personal Wireless Service issued by the FCC. The Department of Public Works shall include in a UCP such conditions, in addition to those already set forth in Applicable Law, as may be required to govern the Permittee's construction, installation, or maintenance of Facilities in the Public Rights-of-Way to protect and benefit the public health, safety and welfare. The terms and conditions of a UCP shall be limited to those areas consistent with the City's authority under Applicable Law. A UCP shall have a term of no longer than two (2) years and may be renewed in accordance with requirements established by the Department in the UCP. A UCP shall provide that the Permittee is not entitled to construct, install, or maintain Personal Wireless Service Facilities in the Public Rights-of-Way without obtaining a Personal Wireless Service Facility Site Permit under Article 25 of the San Francisco Public Works Code.
(b) UCP Fee. Any Person required to obtain or renew a UCP shall pay to the Department of Public Works a non-refundable application fee of two thousand dollars ($2,000.00) to compensate the City for all costs (including the City Attorney's costs) related to: (A) establishing the Person's authority to occupy the Public Rights-of-Way; (B) establishing the terms on which Persons may occupy the Public Rights-of-Way; and (C) granting, monitoring, enforcing, renewing, revising or revoking UCPs. These fees shall be deposited in the Public Works Excavation Fund established by Section 10.100-230 of the San Francisco Administrative Code.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000; amended by Ord. 33-02, File No. 020051, App. 3/28/2002; Ord. 214-07, File No. 070904, App. 9/21/2007; Ord. 12-11, File No. 100041)
Any Person seeking to (1) obtain a Franchise; (2) Transfer a Franchise: (3) extend the term of an existing Franchise, (4) renew a Franchise, or (5) modify an existing Franchise to add new Services that are required to be authorized by a Franchise pursuant to this Chapter, shall submit a signed original of its Proposal and eleven (11) copies to the Clerk of the Board and nine (9) copies to the Department The Clerk of the Board shall make a Proposal available for public inspection. The Proposal must conform to all of the requirements of this Chapter. Requests for other types of Franchise modifications may be processed by the Department without a Proposal, and submitted to the Board for approval. However, nothing herein shall prevent the Department from requiring a Proposal in the event the Department determines, based on the nature of the requested modification, that the public interest would best be served by the submission of a Proposal pursuant to this Article.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
(a) Reasonable Costs. An Applicant shall pay all reasonable costs incurred by the City related to the processing of any Proposal. Processing costs shall include, but not be limited to, the costs of services rendered by any City employee, agent or representative, including consultants and attorneys.
(b) Controller's Estimate. Upon receipt of a Proposal, the Clerk of the Board shall immediately ask the Controller to estimate the City's processing costs. The Controller shall complete his or her estimate of such costs within fifteen (15) City business days of receipt of a Proposal. The Clerk of the Board shall notify the Applicant of the Controller's Proposal Fee estimate within three (3) City business days of receipt from the Controller. Applicant shall pay the amount contained in the Controller's estimate within fifteen (15) City business days of notice.
(c) Failure To Pay. Failure to pay the estimated Proposal Fee shall render the Proposal incomplete. If no Proposal Fee is paid within six (6) months of notification to the Applicant of the Controller's estimate, the Board may deny the Proposal on that basis.
(d) Deposit/Offset. The Proposal Fee shall be deposited with the Controller. Within twenty (20) City business days of final action on a Proposal or an Applicant's formal acceptance or rejection of a Franchise, whichever is later, the Controller shall provide an account of the City's actual Proposal processing costs to the Applicant. The Controller may offset the Proposal processing costs from the Proposal Fee deposit consistent with the provisions of Administrative Code Sections 10.27-1 through 10.27-7. Where the City's actual costs are determined by the Controller to fall below the amount of the Proposal Fee deposit, the difference shall be refunded to the Applicant. Where the City's actual costs exceed the amount of the Proposal Fee deposit the Applicant shall be required to pay the difference to the Controller within twenty (20) City business days of notice.
(e) Exceptions. Where required by controlling Applicable Law a Proposal Fee paid pursuant to this Section shall be credited against any other charge, including Franchise Fees, required to be paid to the City.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
Each Department shall adopt regulations setting forth the information that each type of Proposal must contain, and make such regulations available immediately upon request. A Proposal shall include all information required by the Department unless the Department determines, in its discretion, that a substitute reasonably satisfies the Purpose of the regulations. At a minimum, regulations shall require Applicants to provide information required by Applicable Law and sufficient for the City to consider the Proposal pursuant to Section 11.13(g) and, where applicable, Section 11.13(h) below. Regulations shall also, where appropriate, distinguish among the requirements applicable to Proposals for initial Franchises, Transfer Proposals, Renewal Proposals, and Proposals to modify an existing Franchise. Regulations may require, without limitation:
(a) Identifying Information. Information identifying the Applicant, its principle place of business, its corporate structure, and its ownership;
(b) Experience. A statement describing all previous experience of the Applicant and any Affiliate(s) in providing the proposed Service(s), or constructing, operating, or maintaining Facilities used to provide the proposed Service(s), identifying any other Franchises to provide similar Service(s) awarded to Applicant, or any Affiliate(s), and the status of the construction of the Facilities under each Franchise;
(c) Proposed Franchise. The text of Applicant's proposed Franchise complying with Applicable Law, including, without limitation, a statement of the type of Service proposed to be provided. In the case of a Cable System Franchise:
(1) The Applicant must specify whether it seeks an OVS Franchise or a Cable System Franchise that is not an OVS; and
(2) A proposed Franchise shall not be required to be submitted with a renewal Proposal for a Cable System Franchise that is not an OVS if the Grantee is exercising its renewal rights pursuant to 47 U.S.C. Section 546.
(d) Related Documents. Any contracts, regulatory filings, shareholder reports, or other documents, including press releases, that refer to the Proposal, and all documents, schedules, exhibits, or the like referred to therein;
(e) Proposed Operations. To the extent applicable, a detailed description of the Applicant's plan of operation which shall include, at a minimum, a description of the existing and proposed Facilities and any construction plan;
(f) Financial Qualifications. Evidence that the Applicant has the financial resources and capacity to undertake and complete construction of the proposed Facilities, and to operate, maintain, repair, replace, and reconstruct the Facilities over the term of the Franchise;
(g) Technical Qualifications. Evidence that the Applicant is technically qualified to construct, operate and repair the Facilities;
(h) Legal Qualifications. Evidence that the Applicant is legally qualified to own, install, construct, operate, or provide Services using the Facilities;
(i) Customer Service and Consumer Benefits. A description of how the Applicant plans to address customer service issues and the benefits its market entry will provide to consumers in the City;
(j) Other Agreements. A detailed summary and copies of any and all agreements and undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the Applicant and any Person regarding the use of a Person's equipment or Facilities on which the Proposal depends;
(k) Certification. An affidavit or declaration, under penalty of perjury, by an officer of Applicant legally qualified to bind Applicant certifying:
(1) The truth and accuracy of the information in the Proposal and that the proposal meets all requirements of Applicable Law;
(2) That Applicant is willing to enter into a Franchise meeting the requirements of Applicable Law, to Pay required compensation, and to abide by the City's standard contract terms and all provisions of Applicable Law; and
(3) That Applicant has not entered into any agreement that would prevent it from complying with any of these requirements.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
(a) Competitive Process For Initial Franchises. To fulfill the requirements of Charter Section 16.111, at any time between the receipt of a Proposal for an initial Franchise and the grant of a Franchise thereunder, the Department shall, by advertisement or any other means, solicit and call for additional Proposals for similar Franchises. The Department shall evaluate the responses and report to the Board regarding the results of the solicitation. The Board shall consider the responses to the solicitation prior to granting any Franchise. The solicitation need not comply with the provisions of Chapter 21 of this Code and the City may award more than one Franchise as a result of the solicitation. However, nothing herein precludes the Department from requiring a competitive process similar to that set forth in Chapter 21 of this Code, nor does anything herein require the City to award any Franchise.
(b) Completeness. Promptly, upon receipt of a Proposal, the Department shall report to the Applicant regarding the Proposal's completeness. The Department shall also report to the Board within twenty (20) City business days regarding the Proposal's completeness. The Proposal shall not be deemed complete until such time as the Applicant provides all information and certifications required pursuant to regulations adopted pursuant to Section 11.12 above.
(c) Additional Information. An Applicant shall provide any other details, clarifications, statements, information or references relevant to its Proposal which are requested by the Board or the Department in connection with their review of the Proposal and which are: (1) relevant to issues raised in the Proposal or related facts and circumstances that affect the Proposal; and/or (2) referenced in the Proposal but not provided therein. Such information shall not be required to determine that a Proposal is complete; however, the Board may require that this information be submitted prior to acting on a Proposal.
(d) Incomplete Information. To the extent that any data required pursuant to Section 11.12 above are not available at the time the Proposal is filed with the Board, the Proposal shall so state. Where the Department determines, in its sole discretion, that such information is not immediately critical to review of a Proposal, the Proposal may be reviewed by the City subject to the following conditions:
(1) That the data are filed and approved by the City before the Board takes action on the Proposal; and
(2) That, for purposes of applying any deadlines provided under Applicable Law, the date of the Proposal shall be the date all required information is submitted to the City.
(e) Negotiations. The Department shall negotiate the terms of a proposed Franchise on behalf of the City and may engage in negotiations with an Applicant at any time.
(f) Final Report. After finding a Proposal complete, the Department shall submit a Final Report to the Board recommending approval or denial of the Proposal. If the Department recommends approval of a Proposal, it shall include a proposed Franchise ordinance in the Final Report.
(g) Issues For Consideration. In reviewing a Proposal, the City shall consider, where applicable and without limitation, the issues set forth in this subsection. It shall be presumed that the issues set forth in subsections 2, 3, 4, 6, 8, and 9 are applicable to all Proposals. In any Final Report submitted to the Board, the Department shall state which additional issues it considers applicable to the consideration of any particular Proposal:
(1) Whether the Applicant's Proposal is sufficient to meet current and future community needs and interests, taking into account the cost to the Applicant of meeting such needs and interests;
(2) The positive and negative impacts to the City and consumers of approving the Proposal;
(3) The financial, technical, and legal qualifications of the Applicant and its ability to perform as promised;
(4) Whether the proposed provision of Services or operation of the Facilities is economically feasible;
(5) The projected technical performance of the proposed Facilities;
(6) The impact of Proposal approval on competition and whether it will interfere with the City's desire to ensure universal availability of Services;
(7) The Applicant's commitment to meeting the construction and physical requirements of the City;
(8) The Applicant's commitment to abide by City conditions, Applicable Law, and the terms of any proposed Franchise;
(9) The extent to which the Applicant has substantially complied with the Applicable Law and the material terms of any existing agreement it has with the City;
(10) Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the proposed Franchise Area, also taking into consideration the impact of any competing Proposals;
(11) Whether there will be an unreasonable disruption or inconvenience to existing users, or any adverse effect on future use, of utility poles, public easements, and the Public Rights-of-Way, also taking into consideration the impact of any competing Proposals; and
(12) Such other additional matters, both procedural and substantive, the City determines are relevant.
(h) Cable System Proposal Considerations. If the Proposal involves a Cable System Franchise, the City shall, in addition to the considerations set forth in subsection (g) above, also consider, to the extent applicable:
(1) Whether the Applicant has provided adequate assurance that it will provide adequate public, educational, and governmental access channel capacity, facilities, or financial support;
(2) Whether the Proposed Franchise reasonably meets current and future community cable-related needs and interests, taking into account the cost to the Applicant of meeting such needs and interests; and
(3) The issues identified in California Government Code § 53066.3 and other Applicable Law.
(i) Board Disposition of Proposal. The Board may take action on a Proposal and any proposed Franchise by resolution or ordinance, as appropriate, and shall consider any applicable provisions of subsections (g) and (h) above. A Board determination to grant a new Franchise shall comply with all applicable sections of the Charter, including Sections 2.105 and 16.111.
(j) Grantee's Acceptance. An Applicant shall file an unconditional written acceptance, in a form approved by the City Attorney, of any Board action approving a Proposal no later than twenty (20) City business days following such Board action. An Applicant's failure to submit an unconditional written acceptance within the twenty (20) day period shall constitute a rejection by the Applicant of the approval, unless time for acceptance is extended by motion of the Board.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
Loading...