§ 808.09  GRANT OF FRANCHISES.
   (a)   The city may grant a franchise for any length of time permitted by law.  A franchisee shall design, construct, activate and maintain its cable system with the capability to pass every dwelling unit in the city, subject to any service area line extension requirements of this chapter.
   (b)   The city may make the grant of a franchise conditioned upon the completion of construction within a prescribed time or upon the performance of other specific obligations which are to be set forth in the franchise agreement, specifying that failure to comply with the condition will cause the franchise to become null and void without further action by the city.
   (c)   In evaluating an application made pursuant to this section, the city shall consider, among other things, the following: the applicant’s technical, financial and legal qualifications to construct and operate the proposed system; the nature of the proposed facilities, equipment and services; the applicant’s experience in constructing and operating cable systems and providing cable service in other communities, if any; the ability of city streets to accommodate the proposed system; the potential disruption to users of city streets and any resultant inconvenience to the public; whether adequate space is reserved in the city utility easements and the public rights-of-way for competitors offering the same services as the applicant; and whether the proposal will meet reasonably anticipated community needs and serve the public interest.  Where an applicant proposes an overbuild of an existing cable system, the city may also consider the economic feasibility of multiple cable operators, the impact of the grant of an overbuild franchise on the ability of the existing franchisee to comply with the terms of its franchise agreement and this chapter, and whether any adverse consequences to the public interest will result if the application is granted.  The city shall consider any other criteria as required by state law.  In evaluating any application for a franchise, the city shall not consider the content of the programming that the applicant proposes to provide.
   (d)   The city may hold a public hearing to consider an application or applications.  The applicant(s), other franchisees and the public shall be notified of the hearing and shall be given an opportunity to be heard.  Based upon the application(s), the testimony presented at the public hearing, any recommendations of the City Manager, and any other information relevant to the application(s), the City Council shall decide by resolution whether to grant or deny a franchise application(s) and decide the terms and conditions of any franchise(s) granted, which shall be contained in a franchise agreement or agreements.  Upon the grant of a franchise, the grantee’s application shall become an integral part of the franchise, and the grantee shall be bound by the representations therein made.  No franchise shall become effective until the grantee has accepted the franchise by executing the franchise agreement in the form approved by the City Council and has delivered the executed franchise to the City Manager.
     (e)   The grant of a franchise may be subject to a processing fee in the amount described in § 808.08(d), together with such additional fees as may be required to reimburse the city’s out-of-pocket costs, including all costs and fees incurred by the city for consultants, analysts and counsel, in considering the application, less the amount of the filing fee set pursuant to § 808.08(d).  Within 30 calendar days from the date of the resolution approving or denying the franchise agreement or modifications or transfer thereof by the City Council, the city shall notify the grantee of the amount of any processing fee and its method of calculation.  If the processing fee is not paid to the city within 60 calendar days of the date of the City Council resolution approving or denying the franchise agreement or a modification or transfer thereof, any approval granted by such resolution will be null and void. The city may also elect to waive any such fee.
(Ord. 97-2, passed 1-9-1997)