Charter Township of Oakland, MI Article II Selection of Franchisee

§ 148-5 Award of franchise.

The Township Board may award a franchise to an applicant only after a public hearing on the application and proposal, notice of which hearing shall be published in a local newspaper of general circulation at least 20 days prior to the date of the hearing. The Township Board may reject all applicants.

§ 148-6 Franchise application; fees.

All proposals shall be submitted in writing and shall be accompanied by a nonrefundable fee in an amount to be determined by resolution of the Township Board. All proposals shall contain the information called for by the RFP in the manner prescribed by the RFP.

A. Such information shall include, without limitation, the following:

(1) Information regarding the identity of the applicant.

(2) Biographical data of the applicant's principal owners and proposed management, including the experience of such persons in the cable communications field.

(3) Audited financial statements for the applicant's last fiscal year together with the applicant's most current interim financial statements, which interim statements need not be audited but which shall be reviewed by a certified public accountant in accordance with standards established by the American Institute of Certified Public Accountants and which interim statements shall be accompanied by the accountant's report thereon.

(4) A financing plan for the proposed system and a projection, covering the term of the franchise, of revenue and expense in sufficient detail to permit a determination to be made of the financial viability of the applicant's proposal.

(5) A detailed description of the system and facilities proposed for the Township, including the matters to which a response is specifically required by Articles IV and V of this chapter, and including a schedule of projected rates for all charges and fees to subscribers.

(6) A detailed timetable for the construction and commencement of operation of the system, including the matters to which a response is specifically required by Article VI of this chapter.

B. The RFP shall consist of an application which may be adopted by Township Board resolution.

C. The Township shall be entitled to verify any information furnished by the applicant in response to the RFP or in response to other requests for information regarding the applicant and the applicant's affairs. The Township may exercise such right by requiring reports from the applicant, or from third parties having knowledge of the applicant, or by conducting such other kinds of investigation as the Township may deem proper. In such cases, the applicant shall furnish the Township with such written authorization regarding release of information as may be necessary to carry out the intent and purpose of the foregoing provisions. All of the foregoing provisions shall also be applicable to a grantee as well as an applicant, it being deemed to be in the public interest that the Township remain knowledgeable regarding the grantee and the operation of the system throughout the term of the franchise.

D. No applicant, nor any person on behalf of any applicant, shall, in responding to an RFP or in responding to any other request for information by the Township or by any officer or agency thereof, make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading. A violation of this provision shall constitute a fraud upon the Township.

§ 148-7 Criteria for selection.

The award of a franchise to an applicant shall be based upon the information contained in the applicant's proposal and such other relevant information as may be obtained by the Township regarding such applicants and the proposals. Such award shall be based upon the following criteria set forth in this section together with such other factors as the Township may deem relevant:

A. The experience of the applicant in the cable communications field and the credentials of its owners and managers.

B. The applicant's financial resources, including both present financial condition and the availability of committed funding to finance the applicant's proposed system; and the specificity and credibility of the applicant's projections of the revenue and expenses attributable to the construction and operation of the system.

C. The applicant's system design including channel capacity and ability to provide a broad range of services in conformity with the highest quality standards of the cable industry.

D. The applicant's schedule of rates and the length of time the applicant is committed to maintain such rates.

E. The applicant's response to specific local concerns or needs, whether formulated by the Township and made known to applicants or whether ascertained by the applicant.