A. An application for the grant of a new franchise may be submitted by any person pursuant to the requirements of this chapter and subject to the terms of the City's schedule of fees, as such schedule may from time to time be amended. The City may, by advertisement or any other means, solicit applications for a new franchise by issuing a request for proposals.
(Ord. MC-1484, 4-18-18)
B. An application for a new franchise to construct, install, operate, or maintain a cable system in the City shall be filed with the Department of Finance and Management Services and shall be on forms prescribed by the City. The City reserves the right to waive all application formalities where the City determines that the best interests of the City would be served by such waiver.
(Ord. MC-1484, 4-18-18)
C. Unless waived in writing by the City, all applications for a franchise shall contain the following:
1. The name, address, and telephone number of the applicant.
2. A detailed statement concerning the applicant's business entity, including, but not limited to, the following:
a. The names and business addresses of all officers and directors.
b. The names and business addresses of all persons having an ownership interest of 5% or more in the applicant and the respective ownership interest of each such person.
c. The names and addresses of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling applicant in whole or in part, or owned or controlled in whole or in part by the applicant, and a statement describing the business of any such parent or subsidiary, including but not limited to cable systems owned or controlled by the parent or subsidiary, and the geographic areas served.
(3) A description of the applicant's previous experience in providing cable service or similar communications services.
(4) A detailed financial statement of the applicant, certified by an independent certified public accountant, for the fiscal year preceding the date of the application. The City may require a statement from an independent certified public accountant, or a recognized lending institution, certifying that the applicant has sufficient financial resources available to construct and operate the proposed cable system in the City.
(5) A detailed pro forma financial plan for the operation of the cable system during the term of the proposed franchise, in a format prescribed by the City.
(6) A description of any cable system franchises awarded to the applicant, its parent or subsidiary, including the location and term of these franchises, the status of their completion, the total cost of completion of each cable system, and the amount of applicant's and its parent's or subsidiary's resources committed to the completion of these cable systems.
(7) A detailed description of the applicant's proposed plan of operation which shall include, but not be limited to, the following:
a. A detailed map that describes all areas of the City proposed to be served, and a proposed schedule for the construction of the cable system and the installation of all equipment necessary to become operational throughout the area to be served;
b. A schedule setting forth all proposed classifications of rates and charges to be paid by subscribers, including installation and other service charges.
c. A description of the equipment and operational standards proposed by the applicant.
d. A description of the applicant's plan to provide public, educational and governmental access channel capacity, services, facilities, and equipment, including a description of the method to be used by the applicant in reserving and inserting PEG programming.
e. A description of the applicant's plans to address the City's institutional network needs.
(8) A copy of any existing agreement covering the proposed franchise service area between the applicant and local telephone or electric utilities that provides for applicant's use of any facilities of that utility, including but not limited to poles, lines or conduits.
(9) Any additional information that the City deems to be reasonably necessary to evaluate the applicant's qualifications.
D. The applicant's failure to comply with the requirements of this section may be grounds for rejection of an application at the City's sole discretion.
(Ord. MC-1625, 2-21-24)