(A) Criteria examined. The town shall consider each application for a franchise with the applications found to be acceptable for filing and in substantial compliance with the requirements of this chapter and any applicable request for proposals. In evaluating an application, the town will consider, among other things, the applicant’s past service record in other communities, the nature of the proposed facilities and services, including rates to be charged therefor, and whether the proposal is adequate to meet the future cable-related community needs and interests of the citizens of the town. Where the application is for a renewed franchise, the town shall consider whether:
(1) The cable operator has substantially complied with the material terms of the existing franchise and with applicable law;
(2) The quality of the operator’s service, including signal quality, response to consumer complaints and billing practices, but without regard to the mix quality, or level of cable services or other services provided over the system, has been reasonable in light of community needs;
(3) The operator has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the operator’s proposal; and
(4) The operator’s proposal is reasonable to meet the future cable-related community needs and interest, taking into account the cost of meeting such needs and interests.
(B) Grant of franchise; ordinance required. Where the town determines that an applicant’s proposal, including the proposed service area, would serve the public interest, it may grant a franchise to the applicant. The franchise agreement will constitute a contract, freely entered into, between the town and the grantee. Said franchise agreement shall incorporate by reference the relevant provisions of this chapter. Any such franchise must be approved by ordinance of the Town Council pursuant to the ordinances of the town and the Charter of the town.
(C) Public hearing for franchise renewal. In the course of considering an application for renewed franchise, the Council shall hold a public hearing, consistent with the provisions of 47 U.S.C. § 626 as existing or as may from time to time be amended.
(D) Grant fee. A franchise granted pursuant to this chapter shall not take effect until the applicant pays a grant fee to the town. The grant fee shall be equal to the town’s reasonable direct costs in the franchising process, less the application filing fee received. The town shall provide the grantee a statement summarizing such costs prior to the execution of the franchise.
(Ord. 18(1989) § 13; Ord. 25(1994))