A. Application forms. Applications for cable system franchises shall be submitted to the Village on a written application form furnished by the Village in accordance with such procedures and schedules as may be established or approved by the Village. The board may waive or modify the procedures established by this section with respect to any application filed prior to the effective date of this chapter.
B. Evaluation process.
1. Within one hundred twenty (120) days following receipt of an application for any original franchise duly filed pursuant to this chapter, the board of trustees shall hold at least one public hearing with respect to such application.
a. Prior to such hearing, the board of trustees may cause to be made such investigation of the applicant as it sees fit.
b. At such hearing, the board of trustees shall afford the applicant and all other interested parties the opportunity to be heard.
c. Within a reasonable time after the conclusion of such hearing and investigation, the board of trustees shall determine either that no franchise should be granted or that the applicant (or one (1) or more of the applicants if there be more than one (1) applicant) has presented a proposal which satisfies the interests of the Village in light of the requirements and criteria set forth in paragraphs 2 and 3 of this subsection B.
d. The decision of the board of trustees concerning licensee selection shall be final.
2. In addition to the facts elicited during the hearing described above, applications for an original franchise shall be evaluated in light of and include the following information:
a. A clear and precise description of the identity of the applicant, including, but not limited to, the name of the applicant, the address of the applicant, a description of the type of business entity which characterizes the applicant, a statement of those persons who hold ownership of more than five (5) percent of the stock of the business entity of the applicant, a description of the major activities of the business entity of the applicant, and such affidavits or other like documents stating or otherwise demonstrating the compliance of the business entity of the applicant with all applicable federal, state, and local laws applicable thereto.
b. Plans, maps, and specifications demonstrating all aspects of the applicant's proposed cable system, including trunk and feeder cables.
c. A map or maps of a scale of not less than one (1) inch equaling one thousand (1,000) feet showing the proposed area for which applicant seeks a franchise.
d. Projected financial pro forma for system revenue, expenditures, debt servicing, and operation for a period of no less than ten (10) years, and evidence of financial responsibility in the form specified by this chapter.
e. Written documentation of financial support, including letters of loan commitment from a financial institution for issuance of any loans, bonds, notes, or other related instruments to the applicant for the purpose of financing the costs of cable system construction or operation.
f. A schedule for cable system construction.
g. A statement of applicant's technical service and repair capabilities within the Village, and customer service operations for the Village.
h. A listing of all franchises wholly or partially owned by the applicant or applicant's business entity and affiliated entities within the State of Illinois, and date of expiration for each such franchise.
i. A statement by the applicant indicating if a franchise held by the applicant or applicant's business entity or affiliated entities has been revoked or denied renewal.
j. A statement that the owners, partners, operating officers, principals, or principal stockholders owning more than five (5) percent of the applicant's business entity have not been convicted of a crime, or have been placed under investigation or indictment for alleged illegal or improper activities by any state investigative agency, or federal investigative or regulatory agency, including but not limited to the U.S. Department of Justice, Federal Communications Commission, Securities and Exchange Commission, or the Federal Trade Commission.
k. Any information or facts requested by the Village that are not included in the above subsections that are pertinent and appropriate to the evaluation and awarding of a franchise.
3. In addition to the foregoing, applications for a franchise will be evaluated under the following criteria:
a. Experience. Preference may be given to applicants that can give evidence of providing dependable and complete telecommunications services to other communities and applicants who have established a record of excellent construction practices, ability to meet deadlines, and good planning and marketing practices.
b. Financial stability. Preference may be given to applicants that present evidence of having the financial resources to complete construction of the entire cable system within the time period set forth by the Village.
c. Local studio facilities. Preference may be given to applicants that propose to maintain studio facilities within the Village.
d. Rate schedules. Preference may be given to applicants that offer the most reasonable subscriber rate schedules. However, such schedules must be justified in financial pro forma statements by the use of realistic levels of penetration.
e. Services. Preference may be given to applicants that offer the best service to the Village. In determining what constitutes best service, particular consideration will be given to the depth, variety, quality, mix, and level of programming, provisions for locally-produced programming, and the resources which applicants propose to devote to locally-produced programming.
f. System design. Preference may be given to applicants who propose a cable system with the flexibility to adjust to new technological development and who establish that high quality equipment will be used and high quality maintenance practices followed.
(MC-10-2007, Added, 07/10/2007)