§ 123.427 APPLICATION REQUIRED.
   (a)   Before commencing the delivery of cable services to consumers in the city over an open video system, the open video system operator shall file an application with the city.
   (b)   That application shall include or be accompanied by the following, as applicable:
      (1)   The identity of the applicant, including all affiliates;
      (2)   Copies of FCC Form 1275, all notices of intent filed under 47 C.F.R. § 76.1503(b)(1), and the order of the FCC, all of which relate to certification of the applicant to operate an open video system in the city in accordance with § 653(a)(1) of the Communications Act and the FCC’s rules;
      (3)   A description of the open video system services that will be offered over existing or proposed facilities;
      (4)   A description of the transmission medium that will be used to deliver the open video system services;
      (5)   Information in sufficient detail to establish the applicant’s technical qualifications, experience and expertise regarding the ownership and operation of the open video system described in the application;
      (6)   Financial statements which shall not be considered public records pursuant to SDCL 9-34-9 prepared in accordance with generally accepted accounting principles that demonstrate the applicant’s financial ability to:
         A.   Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the city;
         B.   Comply with the city’s public, educational and governmental access requirements as specified in this subchapter; and
         C.   Comply with the city’s requirement that gross revenue fees be paid as specified in this subchapter.
      (7)   An accurate map showing the location of any of the applicant’s existing telecommunications facilities in the city that the applicant intends to use;
      (8)   If the applicant’s operation of the open video system will require the construction of new physical plant and facilities in the city, the following additional information be provided:
         A.   A preliminary construction schedule and completion dates; and
         B.   Preliminary engineering plans, specifications and a network map of any new facilities to be constructed in the city.
      (9)   Additional information as may be requested by the city.
(1992 Code, § 41-402) (Ord. 56-04, passed 5-10-2001)