(A) Competing or overlapping franchises may have an adverse impact on the public rights-of-way and on the quality and availability of services to the pubic. In considering whether to grant 1 or more additional franchises, the town shall specifically consider, and address in a written report or in provisions of the franchise agreement, the following issues:
(1) The positive and/or negative impact of an additional franchise on the community;
(2) The ability and willingness of the specific applicant in question to provide cable services to the franchise area;
(3) The amount of time it will take the applicant to complete construction of the proposed system and activate service in the franchise area; and whether the applicant can complete construction and activation of its system pursuant to industry standards;
(4) The financial capabilities of the applicant and its guaranteed commitment to make the necessary investment to erect, maintain and operate the proposed cable system for the duration of the franchise term. In order to ensure that any prospective grantee does have the requisite current financial capabilities, the town may request equity and debt financing commitment letters, current audited financial statements, bonds, letters of credit or other documentation to demonstrate to the town’s satisfaction that the requisite funds to construct and operate the proposed system are available;
(5) The quality and technical reliability of the proposed system, based upon the applicant’s plan of construction and the method of distribution of signals, and the applicant’s technical qualifications to construct and operate the system;
(6) The experience of the applicant in the erection, maintenance and operation of a cable system;
(7) The capacity of the public rights-of-way to accommodate 1 or more additional cable systems and the potential disruption of those public rights-of-way and private property that may occur if 1 or more additional franchises are granted;
(8) The likelihood and ability of the applicant to continue to provide competing cable service to subscribers within the franchise area for the duration of the franchise;
(9) Other information as the town may deem appropriate to be considered prior to granting any competing or overlapping franchise; and/or
(10) The purpose of this section is to ensure that any competition which may occur among grantees will be on terms which when taken as a whole are non-discriminatory according to federal law.
(Ord. passed - -)