(A) Franchise application. To obtain a franchise to construct, own, maintain, or provide services through any system within the city, to obtain a renewal of a franchise granted pursuant to this subchapter, or to obtain the city approval of a transfer of a franchise, as provided in § 114.55(A)(2), granted pursuant to this subchapter, an application must be filed with the city on the form attached to this subchapter as Exhibit A, which is hereby incorporated by reference. The application form may be changed by the Mayor, or his or her designee, so long as such changes request information that is consistent with this subchapter. Such application form, as amended, is incorporated by reference.
(B) Application criteria. In making a determination as to an application filed pursuant to this subchapter, the city may, but shall not be limited to, request the following from the provider:
(1) A copy of the order from the PSC granting a certificate of convenience and necessity;
(2) Certification of the provider’s financial ability to compensate the city for the provider’s intrusion, maintenance, and use of the rights-of-way during the franchise term proposed by the provider; and
(3) The provider’s agreement to comply with the requirements of this section.
(C) Franchise determination. The city, in its sole discretion, shall determine the award of any franchise on the basis of these and other considerations relevant to the use of the rights-of-way, without competitive bidding.
(Prior Code, § 13.10.050) (Ord. 11-98, passed 5-20-1998)