[Code 1991, § 9-76]
Applications for a cable franchise will be considered pursuant
to the following procedures:
A.
An application for a new franchise may be filed pursuant to a request
for proposals issued by the City.
B.
A person that desires to file an application may at any time request
the City to issue an RFP (request for proposal) for cable franchise
applications. Such request shall:
(1)
Identify the would be applicant's principals;
(2)
Briefly describe the cable system it wishes to construct and the
anticipated service area;
(3)
Explain why it wishes to file an application;
(4)
Summarize the applicant's cable experience and financial resources;
(5)
State when it would be prepared to submit an application; and
(6)
Where appropriate, state the reasons why multiple cable franchises
would serve the public interest if the requested RFP were to lead
to such result.
D.
An application to modify an existing franchise may be filed at any
time. Where such an application is filed pursuant to 47 U.S.C. § 545,
the City shall establish procedures for considering the application
consistent with federal requirements.
E.
In order to initiate a formal renewal process pursuant to 47 U.S.C.
§ 546, the franchisee shall notify the City in writing between
30 and 36 months before the expiration date of the existing franchise
that it desires such a process to be initiated. Following receipt
of such a notification, or on its own initiative, the City shall commence
proceedings to identify future cable-related community needs and interests
and to review the franchisee's performance under the current franchise.
Upon completion of that proceeding, the City shall issue a report
of its findings. Within 30 days of the issuance of the report, the
franchisee may submit its application for renewal. Within four months
of the issuance of the report, the City shall make a decision to either
grant a renewed franchise or issue a preliminary assessment that the
franchise should not be renewed. If the latter determination is made,
the City shall conduct a proceeding pursuant to the requirements of
47 U.S.C. § 546C. If the City decides to renew the franchise,
it shall negotiate a franchise agreement with the franchisee, which
agreement shall not become effective prior to its approval by the
City Council and its formal acceptance by the franchisee.
F.
Where the City has annexed territory in which a cable operator has a franchise to provide cable service granted by a county or other jurisdiction, the City shall recognize that operator's contractual right to provide cable service within the annexed area for the remaining term of its franchise. However, such an operator must apply for a modified franchise issued by the City within 90 days of the date of annexation. Failure of such operator to timely apply for a modified franchise shall be considered a violation of this article and will subject the operator to possible termination of its rights to operate within the City or other sanctions pursuant to the procedures specified in § 46-96. A modified franchise granted by the City shall be subject to the requirements of this article except where such requirements would abrogate a vested property or contractual right of the cable operator under the preexisting franchise.
G.
The City may request additional information from an applicant for
a franchise or a modification of a franchise at any time.
H.
All applications for a new franchise or a renewal of a franchise,
to be acceptable for filing, must be accompanied by a filing fee of
$15,000. An application for modification of a franchise must be accompanied
by a filing fee of $5,000; provided, however, the City Council may
waive, pursuant to request by the applicant, a portion of such filing
fee where the applicant demonstrates to the satisfaction of the City
that such fee would be excessively burdensome, or where the scope
of modification anticipated would be unlikely to impose that amount
of cost upon the City. The City shall apply all filing fees received
against all costs associated with its evaluation and consideration
of such application. Should the City's total costs exceed the amount
of the filing fee, the City may impose a grant fee in the amount of
the difference, which grant fee shall be limited to the City's reasonable
out-of-pocket costs; provided, however, the franchisee shall be advised
in advance if the City anticipates substantial additional costs. Where
the City's cost of considering an application is less than the amount
of the filing fee, it shall refund the difference.
[Code 1991, § 9-77]
A.
To be acceptable for filing, an application for an initial franchise
must conform to any applicable RFP (request for proposal) and contain
all the information specified therein. Such an application shall contain,
at a minimum, the following information:
(1)
Identification of the ownership of the applicant, if not a natural
person, including the names and addresses of the 10 largest holders
of an equity interest, all persons with 5% or more ownership interest
and the ultimate controlling natural persons, and identification of
all officers and Directors and any other primary business affiliation
of each. Alternatively, the annual ownership information required
by the FCC for broadcast licensees may be supplied.
(2)
An indication of whether the applicant or any entity controlling
the applicant, including any officer of a corporation or major stockholder
thereof, has been adjudged bankrupt, has had a cable franchise revoked,
or has been found guilty by any court or administrative agency in
the United States of:
(3)
A demonstration of the applicant's technical, legal and financial
ability to construct and operate the proposed cable facility.
(4)
A description of the physical facility proposed, including channel
capacity (one-way and two-way, if any), the area to be served, specification
of technical design and performance characteristics, and details on
the head-end and access facilities to be provided.
(5)
A description of how any construction will be implemented, identification
of areas having aboveground or belowground cable facilities, the proposed
construction schedule, and a description, where appropriate, of how
service will be converted from any existing facility to a new facility.
(6)
A description of the services to be provided over the system, including
identification of television signals (both broadcast and nonbroadcast)
to be carried and all nontelevision services to be provided initially.
Where service will be offered by tiers, the signals and services to
be included on each tier must be identified.
(7)
The proposed rates to be charged, including rates for each service
tier, as appropriate, and charges for installation, converters, and
other services.
(8)
Information as necessary to demonstrate compliance with all relevant
requirements contained in this article.
(9)
A demonstration of how the proposal is reasonable to meet future
cable-related community needs and interests. In particular, the application
should describe how the proposal will satisfy the needs as analyzed
in any recent community needs assessment commissioned by the City.
(10)
A demonstration that the proposal is designed to be consistent
with all federal and state requirements.
(11)
Pro forma financial projections for the first five years of
the franchise term. The projections shall include a statement of income,
balance sheet, statement sources and uses of funds, and schedule of
capital additions. All significant assumptions shall be explained
in notes or supporting schedules accompanying the projections.
(12)
A complete list of all cable communications systems in which
the applicant or a principal thereof holds an equity interest.
(13)
An affidavit of the applicant or duly authorized officer thereof
certifying, in a form acceptable to the City, the truth and accuracy
of the information contained in the application and acknowledging
the enforceability of application commitments.
(14)
Other information that the City or its agents may request of
the applicant.
B.
An unsolicited application for modification of a franchise shall
include, at a minimum, the following information:
(1)
The legal basis for the filing;
(2)
The modifications desired in as specific a detail as reasonably possible;
(3)
The justification for the requested modifications, including the
impact of the changes sought on public services and the impact on
the applicant's operations if the modifications sought are not approved;
and
(4)
Where the modifications are sought pursuant to 47 U.S.C. § 545,
a demonstration that the franchise requirement relative to facilities
or equipment for which the applicant seeks modification is commercially
impracticable or changes sought relative to service requirements will
not adversely affect the mix, quality or level of service required.
C.
An application for modified franchise filed pursuant to § 46-71F shall contain the information solicited by the City and, at a minimum, the following:
(2)
Details concerning the nature and location of existing facilities
and any plans it may have for the expansion of service into new areas;
and
(3)
The identification of any provisions of this article which the applicant
believes should not be applicable to the modified franchise, and the
reasons therefor.
[Code 1991, § 9-78]
Any person who files an application with the City for a cable
communications franchise or modification thereof shall forthwith,
at all times, disclose to the City, in writing, the names, addresses
and occupations of all persons authorized to represent or act on behalf
of the applicant in matters pertaining to the application.
[Code 1991, § 9-79]
A.
The City will consider each application for a franchise where the
application is found to be acceptable for filing and in substantial
compliance with the requirements of this article and any applicable
RFP. In evaluating an application, the City will consider, among other
things, the applicant's past service record in other communities,
the nature of the proposed facilities and services, including rates
to be charged therefor, and whether the proposal would adequately
serve the public needs and the overall interests of the citizens of
the City. Where the application is for a renewed franchise, the City
shall consider whether:
(1)
The cable operator has substantially complied with the material terms
of the existing franchise and with applicable law;
(2)
The quality of the operator's service, including signal quality,
response to consumer complaints, and billing practices (but without
regard to the mix, quality, or level of cable services or other services
provided over the system) has been reasonable in light of community
needs;
(3)
The operator has the financial, legal and technical ability to provide
the services, facilities, and equipment as set forth in the operator's
proposal; and
(4)
The operator's proposal is reasonable to meet the future cable-related
community needs and interests, taking into account the cost of meeting
such needs and interests.
B.
Where the City determines that an applicant's proposal, including
the proposed service area, would serve the public interest, it may
grant a franchise to the applicant. The franchise agreement shall
constitute a contract, freely entered into, between the City and the
grantee. The franchise agreement shall incorporate by reference the
provisions of this article.
C.
A franchise granted pursuant to this article shall not take effect
until the applicant pays any applicable grant fee to the City. The
grant fee shall not exceed the City's costs in the application process,
including the cost of developing this article, less any application
filing fees received. Where the City incurs common costs relevant
to two or more applications, the City shall prorate such costs between
the applicants in an equitable manner. The City shall provide to the
grantee a grant fee statement summarizing such costs prior to the
execution of the franchise.
D.
Any franchise, including a renewed or modified franchise, must be
approved by ordinance of the City Council.
[Code 1991, § 9-80]
A franchise or modification thereof shall be accepted by a grantee
by written instrument, in a form acceptable to the City Attorney,
and filed with the City within 30 days after the granting of the franchise
by the City. In its acceptance, the grantee shall declare that it
has carefully read the terms and conditions of this article and the
franchise and accepts all of the terms and conditions of this article
and the franchise and agrees to abide by such terms and conditions.
In accepting a franchise, a grantee shall indicate that it has relied
upon its own investigation of all relevant facts.
