(a) A provider wishing to enter into a franchise agreement or competitive video service agreement with the city shall comply with the following process:
(1) Submit an application with application fee of $750 to the Director of Information Technology. This application fee shall not be set off against any payment due under § 808.11. The application shall contain the following information, pursuant to FCC guidelines, in addition to any information required by state and local laws:
A. The applicant’s name;
B. The names of the applicant’s officers and directors;
C. The business address of the applicant;
D. The name and contact information of a designated contact for the applicant;
E. A description of the geographic area that the applicant proposes to serve;
F. The PEG channel capacity and capital support proposed by the applicant;
G. The term of the agreement proposed by the applicant;
H. Whether the applicant holds an existing authorization to access the public rights-of-way in the subject franchise service area as described under division (b) hereof;
I. The amount of the franchise fee the applicant offers to pay; and
J. Any additional information required by applicable state or local laws.
(2) The Information Technology Department shall then refer the application to the Safety and Public Properties Committee for consideration and either denial or recommendation to Council.
(3) Council shall then consider the application, and upon a vote of approval, the city and provider shall then enter into either a franchise agreement or competitive video service agreement.
(4) Pursuant to paragraph 66 of the Federal Communication Commission’s March 5, 2007 Report and Order and Further Notice of Proposed Rule Making, the city shall have a maximum time frame of 90 days for entities with existing authority to access the public rights-of-way and six months for entities that do not have authority to access the public rights-of-way. This provision shall apply to the extent paragraph 66 remains valid and in effect.
(b) No person, firm or corporation shall install or maintain a system in the city unless a franchise agreement or competitive video service agreement has been entered into between the person, firm or corporation and the city.
(c) No provision of this chapter shall be deemed to require the granting of a franchise agreement or competitive video service agreement when, after public hearing, the City Council determines that the issuance of the franchise agreement or competitive video service agreement is not in the public interest.
(d) City Council shall have the authority to waive a public hearing when it is deemed advisable in the public interest.
(e) All franchise agreements and competitive video service agreements granted by ordinance pursuant to this chapter shall be nonexclusive. Council reserves the right to issue as many permits as it deems advisable in the public interest.
(f) Any franchise agreements or competitive video service agreements executed pursuant to this chapter may be revoked, after a full due process hearing, by a simple majority vote of Council upon the recommendation of the Mayor, for violation of material provisions of this chapter, after giving the provider 90 days notice in writing of intention to revoke such permit, unless such violation is corrected during the period of notice, or unless the provider has made a reasonable attempt to correct the violation during that time.
(g) Council shall have the authority to waive any requirements set forth in this chapter with regard to any applicant wishing to enter into a franchise agreement or competitive video service agreement with the city. Said waiver shall apply to all providers in the city.
(Ord. 2007-106, passed 5-21-2007)