(a)   An application for the grant of an initial franchise may be filed pursuant to a request for proposals issued by the city or on an unsolicited basis.  The city, upon receipt of an unsolicited application, may issue a request for proposals.  If the city elects to issue a request for proposals upon receipt of an unsolicited application, the applicant may submit an amended application in response to the request for proposals, or may inform the city that its unsolicited application should be considered in response to the request for proposals, or may withdraw its unsolicited application.  An application which does not conform to the requirements of a request for proposals may be considered non-responsive and denied on that basis.
   (b)   An application for the grant of an initial franchise shall contain, at minimum, the following information:
      (1)   The name and address of the applicant and identification of the ownership and control of the applicant, including the names and addresses of all persons with five percent or more ownership interest, including the names and addresses of parents or affiliates holding such ownership interest directly or indirectly;
      (2)   An indication of whether the applicant, or any person controlling the applicant, has had an adverse finding made by, or been subject to an adverse final action entered by, any court or administrative body in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocation, suspension or involuntary transfer of any authorization (including cable franchises) to provide video programming services; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or employment discrimination;
      (3)   A demonstration of the applicant’s technical, legal and financial ability to construct and/or operate the proposed cable system, including identification of key personnel;
      (4)   A complete and detailed financial statement of the applicant and a statement prepared by a certified public accountant regarding the applicant’s financial ability to complete the construction and operation of the cable system proposed;
      (5)   A description of the applicant’s prior experience in cable system ownership, construction and operation, and identification of communities in which the applicant or any of its principals have, or have had, a cable franchise or license or any interest therein;
      (6)   Identification of the area of the city to be served by the proposed cable system, including a description of the service area’s boundaries and a detailed map showing the same;
      (7)   A detailed description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, headend and access facilities;
      (8)   Where applicable, a description of the construction of the proposed system, including an estimate of plant mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space in conduits, including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities;
      (9)   A description of the services to be provided initially, including all broadcast and nonbroadcast services to be carried and all non-television services to be delivered over the cable system, and if services will be offered by tiers, identification of the signals and/or services to be included on each tier;
      (10)   A statement setting forth all proposed classifications of rates and charges, including proposed charges for each service tier, installation, converters and other equipment or services, and the applicant’s ownership interest in any proposed program services to be delivered over the cable system;
      (11)   A demonstration of how the applicant’s proposal will reasonably meet the future cable needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted by or for the city;
      (12)   Pro forma financial projections for the first five years of the franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules;
      (13)   If an applicant proposes to provide cable service to an area already served by an existing cable franchisee, the identification of the area where the overbuild would occur, the potential subscriber density in the area which would encompass the overbuild, and other information as necessary for the city to make its determination pursuant to § 808.09(c);
      (14)   Any pole attachment agreements existing between the applicant and an owner of the poles;
      (15)   Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this chapter and information that the city may request of the applicant that is relevant to the city’s consideration of the application;
      (16)   The names and addresses of any subsidiaries of the applicant; the persons who control the applicant; all officers and directors of the applicant; and any other business affiliation and cable system ownership interest of each named person; and
      (17)   An affidavit or declaration of the applicant or authorized officer certifying the truth of the information in the application, acknowledging the enforceability of application commitments, and certifying that the proposal meets, and that the applicant will comply with, all federal and state law requirements.
(Ord. 97-2, passed 1-9-1997)