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(a) The grantor may grant one or more franchises for a service area.
(b) Each grantee awarded a franchise to serve the entire Village shall offer service to all residences in the Village, in accordance with construction and service schedules mutually agreed upon by the grantor and the grantee and consistent with applicable law.
(c) The grantor may require that any new grantee be responsible for its own underground trenching and the costs associated therewith, if, in the grantor's opinion, the rights-of-way in any particular area cannot feasibly and reasonably accommodate additional cables.
(d) Any additional franchise granted by the Village to provide cable service in a part of the Village in which a franchise has already been granted, and where an existing grantee is providing service, shall require the new grantee to provide service throughout its service area within a reasonable time and in a sequence which does not discriminate against lower income residents.
(Ord. 1997-5. Passed 5-6-97.)
(a) Any person desiring an initial franchise or the renewal of a cable television system shall file an application with the Village. A nonrefundable application fee, as set forth in Chapter 208 of the Administration Code (the General Fee Schedule), shall accompany the application or renewal application. Such application fee shall not be deemed to be franchise fees within the meaning of Section 622 of the Cable Act (47 U.S.C. §542), and such payments shall not be deemed to be payments in kind or any involuntary payments chargeable against the compensation to be paid to the Village by the grantee pursuant to Section 814.19 and applicable provisions of a franchise agreement, or part of the compensation to be paid to the Village by the grantee pursuant to Section 814.19 and applicable provisions of a franchise agreement.
(b) An application for an initial franchise or renewal for a cable television system shall contain, where applicable:
(1) A statement as to the proposed franchise and service area.
(2) A resumé of the prior history of the applicant, including the legal, technical and financial expertise of the applicant in the cable television field.
(3) A list of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each shareholder, if a corporation.
(4) The names and addresses of any parent or subsidiary of the applicant or any other business entity owning or controlling the applicant, in whole or in part, or owned or controlled in whole or in part by the applicant.
(5) A current financial statement of the applicant verified by a CPA audit or otherwise certified to be true by a legal officer of the grantee, complete and correct to the reasonable satisfaction of the Village.
(6) A proposed construction and service schedule.
(7) Any additional information that the Village deems applicable.
(Ord. 1997-5. Passed 5-6-97.)
(a) Within sixty days of receipt of any application for an initial franchise, the Mayor shall prepare a report and make his or her recommendations respecting such application to the Village Council.
(b) A public hearing shall be set prior to any initial franchise grant, at a time and date approved by the Council within thirty days of the preparation of the Mayor's report. Within thirty days after the close of the hearing, the Council shall make a decision based upon the evidence received at the hearing as to whether or not the franchise(s) should be granted and, if granted, subject to what conditions. The Council may grant one or more initial franchises or may decline to grant any franchise.
(Ord. 1997-5. Passed 5-6-97.)
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