§ 110.05 FRANCHISE; APPLICATION; CONTENTS; FEES; ISSUANCE; TRANSFER.
   (A)   Application information, fee. The application for the franchise to install, construct, maintain or operate a cable communications system in the Township of Williamstown or to furnish a cable communications service therein shall be made in writing to the Board in such form as may be prescribed; shall include a description and map of the territory within the Township of Williamstown in which the cable communications system is to be installed, constructed maintained or operated or cable communications service to be provided; shall be accompanied by a showing of the applicant's legal, financial, technical and other qualifications to be a franchisee, hereunder; and shall contain:
      (1)   In establishing legal qualifications, if other than a single individual, a certified copy of the partnership agreement, articles of association, or articles of incorporation, as the case may be, and also, if a foreign corporation, a certified copy of its authorization to do business in the State of Michigan;
      (2)   In establishing financial qualifications, a copy of applicant's current balance sheet as of a date not more than 60 days prior to the date of the application shall be furnished; if a loan or other credit arrangement is to be consummated to finance the establishment and operation of the proposed facilities, full particulars relative thereto shall be disclosed, including the identity of the creditor;
      (3)   In establishing technical qualifications, a statement of the arrangements to ensure the rendition of good service, including the type and kind of facilities to be employed, the technical standards to be followed, the maintenance and repair facilities to be used, the number and description of technical personnel, including copies of any contracts, agreements or arrangements relating to any of the above;
      (4)   A statement as to the location of the antenna site or sites and the location of any places of business in the Township of Williamstown;
      (5)   A statement as to any affiliated corporations or business organizations engaged in providing cable communications service, or interlocking directorships or ownerships held by any owners, officers or directors of applicant with any other business engaged in providing cable communications service;
      (6)   A detailed statement as to the arrangements and timetable by which the applicant proposes to construct its cable communications facilities and system, including detailed descriptions of portions of the township to be served by the system within one year, 18 months, two years, 30 months and three years of the granting of a certificate of compliance by the Federal Communications Commission;
      (7)   The applicant shall furnish information as to the programming services and public services which it shall propose to provide:
         (a)   The off-air signals to be carried initially;
         (b)   The number of channels offered and the potential for diversified services to local government, educational institutions, community groups, householders and local commercial interests; and
         (c)   Projected development of customer and community services, indicating priorities in development, and estimated time schedules therefor.
      (8)   Cost estimates of development, installation and maintenance of system which items shall be deemed to include, but not be limited to, the proposed cost of acquisition of the system where approval of a transfer of the franchise has been requested;
      (9)   Revenue forecasts for the next five years of service;
      (10)   A proposed schedule of rates for installation charges, monthly service fees and relocation charges; and
      (11)   Such other information as the township may request. The application shall be accompanied by a fee of $1,000, which fee shall be refunded if applicant is not granted a franchise.
   (B)   Additional information. Upon the filing of such an application and the payment of the fee as prescribed, the Board shall consider the application and may request such additional information as it may deem necessary to establish the legal, financial, technical and other qualifications of the applicant to provide a cable communications service in the Township of Williamstown.
   (C)   Issuing franchise. If the Board determines that the applicant possesses the necessary qualifications, legal, financial, technical and otherwise, to reasonably assure the applicant's ability to satisfactorily install, construct or maintain or operate a cable communications system or to furnish a cable communications service to the public in the Township of Williamstown, the Board may issue applicant a nonexclusive franchise therefor in the Township of Williamstown, provided that, no franchise shall be issued:
      (1)   Until the franchise application has been on file and available for public inspection in the office of the Township Clerk for at least 30 days; and/or
      (2)   Until the Board has, thereafter, held a public hearing on the application after due notice of the time and place of the hearing has been given to the public.
   (D)   Considerations of Board. In determining whether such a franchise shall be issued, the Board shall take into consideration, among other things, the technical qualifications of the applicant; the financial responsibility of the applicant; the ability of the applicant to perform efficiently the service for which the franchise is requested, including the prior experience, if any, of the applicant in providing cable communications systems or furnishing cable communications service; the proposed rate schedule; the nature and scope of the applicant's proposed system; and the timetables for development of applicant's proposed system.
   (E)   Transfer of franchise.
      (1)   No franchise granted hereunder may be sold, transferred or assigned unless the transaction is first approved by the Board after receipt of a written application therefor containing the same information as to transferee as would be required of an original applicant. Prior approval of the Board shall be required where ownership or control of more than 25% of the right of control of franchisee is acquired by a person or group of persons acting in concert, none of whom already own or control 25% or more of the right of control, singularly or collectively. No franchise granted hereunder may be sold, transferred or assigned; nor may more than 25% of the right of control of franchise be transferred to a person or group of persons acting in concert, none of whom already own or control 25% or more of the right of control, singularly or collectively, until the sale, transfer or assignment of franchise or transfer of right of control shall first have been offered to the township or to a person approved by the Township Board.
      (2)   The offer shall be made at a price not greater than, and on terms equivalent to, that made to the offeror by a bona fide bidder for such franchise or right of control. The township or the person approved by the Township Board shall accept or reject the offer within 90 days. This provision shall not be deemed to restrict the transfer by bequest or descent of stock of the franchisee.
(Ord. 23, eff. 3-20-1981; Ord. rev. 9- -1993)