(A) Any person other than the city, desiring an initial franchise for a cable television system shall file an application with the city. A reasonable nonrefundable application fee in an amount established by the city shall accompany the initial application. Such application fee shall not be deemed to be "franchise fees" within the meaning of Section 622 of the Cable Act (47 USC 542), and such payments shall not be deemed to be:
(1) "Payments in kind" or any involuntary payments chargeable against the franchise fees to be paid to the city by grantee pursuant to § 114.11 hereof and applicable provisions of a franchise agreement, or
(2) Part of the franchise fees to be paid to the city by grantee pursuant to § 114.11 hereof and applicable provisions of a franchise agreement.
(B) An application for an initial franchise for a cable television system shall be in a form reasonably acceptable to grantor and shall contain, where applicable:
(1) A statement as to the proposed service area.
(2) A resume of prior history of applicant, including the legal, technical and financial expertise of applicant in the cable television field.
(3) A list of the general and limited partners of the applicant, if a partnership, or the shareholders, if a corporation.
(4) The percentage ownership of the applicant of each of its partners, shareholders or other equity owners;
(5) A list of officers, directors and managing employees of applicant or its general partner, as applicable, together with a description of the background of each such person;
(6) The names and addresses of any parent or subsidiary of applicant or any other business entity owning or controlling applicant in whole or in part, or owned or controlled in whole or in part by applicant;
(7) A current financial statement of applicant verified by an audit or otherwise certified to be true, complete and correct to the reasonable satisfaction of the city;
(8) Proposed construction and service schedule.
(9) Any additional information that the city deems applicable.
(C) Upon receipt of any application for an initial franchise, the City Administrator shall prepare a report and make his or her recommendations respecting such application to the City Council.
(D) A public hearing shall be set prior to any initial franchise grant, at a time and date approved by the Council. Within 30 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. 836, passed 6-23-97)