Borough of Pottstown, PA Article D Applicant Selection Process.

§ 231 Proposal of Franchisee.

[Ord. 1375, 2/14/1977, § 7]

In selecting a franchisee pursuant to this Part, the Borough shall require the following information, which shall all be submitted to the Commission by the perspective franchisee in a document entitled "Borough Cable System Proposal." Application for franchise shall be in writing and shall contain the following information:

A. The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the applicant shall also state the names and addresses of its officers, directors, main offices, major stockholders and the name and address of parent, affiliated and subsidiary companies. For the purpose of this Part and of any franchise granted hereunder, a "major stockholder" shall be defined as the owner of 5% or more of the stock of any corporation. The Borough shall be entitled, by requiring reports or by its own investigation, to determine the true ownership or control, indirect or direct of any CATV system applying for franchise. The knowledge by the Borough of the true ownership or control of any CATV system regulated by this Part, or any Part hereafter enacted granting a franchise, is hereby declared to be in the public interest and continuing knowledge of the ownership and control of any franchisee shall, throughout the life of the franchise, continue to be of public interest and of substantial import to the Borough of Pottstown.

B. A statement and general description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which the applicant proposes to construct, install, maintain and operate the same; and, particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system. The application shall also specify the type and capacity of equipment to be installed and a grantee shall be required by the Borough Cable Commission to update this section of its proposal in keeping with the advances in the state of the art of CATV system design.

C. A schematic drawing of the Borough of Pottstown showing an overview of the proposed use of public streets on which applicant proposes to construct, install or maintain CATV equipment or facilities, including a detailed description of the equipment or facilities proposed to be utilized.

D. A map showing and delineating the proposed service area or areas within which applicant proposes to provide CATV services and for which a franchise will be applied for.

E. A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines or conduits. A copy of any contract, if existing, between the applicant and any private party for the use of facilities of such poles, lines or conduits.

F. A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed CATV operation. If a franchise is granted hereafter to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be void and of no force and effect whatsoever. Upon the granting of any franchises herein contemplated, the franchisee shall, throughout the life of such franchise, keep the Borough fully informed with respect to the manners outlined in this Part and the failure to disclose such information during the life of such franchise shall be considered a violation of the franchise, and subject such franchise, at the discretion of the Borough Council, to suspension or termination.

G. A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Borough Council, showing applicant's financial status and its financial ability to complete the construction and installation of the approved CATV system. Such statement shall include in addition to the foregoing a responsible estimate of the cost of construction and installation of such CATV system and a detailed statement of the financing of such costs, including the amount of borrowed funds, if any, which may be required.

H. A statement setting forth all experience in cable television or communication business, noting all past and present franchise agreements between applicant and any other person, firm or corporation or municipality. Additionally, names of any unbuilt franchise and the reasons why they remain unbuilt, and all financing commitments to other systems under construction.

I. Information as to the programming services and public services which it shall propose to provide:

(1) The off-air signals to be carried initially.

(2) The number of channels offered and the potential for diversified services to local government, educational institutions, community groups, householders and local commercial interest.

(3) Projected development of customer and community services, indicating priorities in development, and estimating time schedules therefor.

(4) Designate which services will be provided from day one of operation as well as potential future services.

J. A statement furnishing information as to the following:

(1) A brief description of the employment practices related to the hiring and training of minority people.

(2) Cost estimates of development, installation and maintenance of systems, which items shall be deemed to include, but not be limited to, the proposed cost of acquisition of the system where approval of a transfer of the franchise has been requested.

(3) Revenue forecasts for the next 10 years of service.

(4) A schedule of rates for installation charges, monthly service fees and relocation charges, according to the schedules in Subpart (G) of this Part.

(5) Such other information as the Borough may request.

K. Provide bond evidence of its ability to maintain to the term of the franchise or any renewal or extension thereof and during construction of the system a faithful performance bond running to the Borough with sufficient surety approved by the Borough in the penal sum of $100,000, pursuant to the terms and conditions contained in subpart (H) of this Part.