§ 19-06. Franchise applications and renewal

(A) Filing of applications. Any person desiring an initial franchise for a cable television system must file an application with the city. A reasonable nonrefundable application fee in an amount established by resolution of the city council must accompany the application. That application fee will cover all costs associated with reviewing and processing the application, including without limitation costs of administrative review, financial, legal, and technical evaluation of the applicant, consultants (including technical and legal experts and all costs incurred by those experts), notice and publication requirements, and document preparation expenses. If those costs exceed the application fee, the applicant must pay the difference to the city within thirty (30) days following receipt of an itemized statement of those costs.

(B) Applications—Contents. An application for an initial franchise for a cable television system must contain, as applicable:

(1) A statement as to the proposed franchise service area.

(2) A resume of the applicant's prior history, including the experience and expertise of the applicant in the cable television and telecommunications industry.

(3) A list of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each stockholder, if a closely-held corporation. If the applicant is a publicly-owned corporation, each owner of ten (10) per cent or more of the issued and outstanding capital stock must be identified.

(4) A list of officers, directors, and managing employees of the applicant, together with a description of the background of each person on that list.

(5) The names and addresses of any parent or subsidiary of the applicant, or any other business entity owning or controlling applicant in whole or in part, or that is owned or controlled in whole or in part by the applicant.

(6) A current financial statement of the applicant verified by a certified public accountant or otherwise certified to be true, complete, and correct to the reasonable satisfaction of the city.

(7) The proposed construction and service schedule, the proposed rate structure for cable services, and the proposed commitment to provide public, educational, and governmental access channel capacity, services, facilities, and equipment.

(8) Any additional information that the city deems to be reasonably necessary.

(C) Consideration of initial applications.

(1) Upon receipt of an application for an initial franchise, the city manager or the city manager's designee must prepare a report and make recommendations to the city council concerning that application, including without limitation the applicant's legal, financial, and technical qualifications.

(2) A public hearing will be noticed prior to any initial franchise grant, at a time and date approved by the city council. Within thirty (30) days after the close of the hearing, the city council will make a decision based upon the evidence received at the hearing as to whether the franchise should be granted, and, if granted, subject to what conditions. The city council may grant one (1) or more franchises, or may decline to grant any franchise.

(D) Franchise renewal. Franchise renewals will be processed in accordance with then-applicable law. The city and grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise.

(Ord. No. 98-18, § 1, 6-15-98)