Application required.
A.
A written application shall be filed with the Town for grant of an
initial franchise or modification of a franchise agreement pursuant
to 47 U.S.C. § 545.
B.
To be acceptable for filing, a signed original of the application
shall be submitted together with 12 copies. The application must be
accompanied by any required application filing fee, conform to any
applicable request for proposals and contain all required information.
All applications shall include the names and addresses of persons
authorized to act on behalf of all applicants with respect to the
application.
C.
All applications accepted for filing shall be made available by the
Town for public inspection.
A.
A person may apply for an initial franchise by submitting an application containing the information required in § 224-16 of this chapter. Upon receipt of such an application, the Town may either evaluate the application pursuant to Subsection C, conducting such investigations as it deems necessary; or issue a request for proposals (RFP), after conducting, if necessary, a proceeding to identify the future cable-related needs and interests of the community. Any such RFP shall be mailed to the person requesting its issuance and made available to any other interested party. The RFP may contain a proposed franchise agreement.
B.
An applicant shall respond to an RFP by filing an application within the time directed by the Town, providing the information and material set forth in § 224-16 of this chapter. The procedures, instructions and requirements set forth in the RFP shall be followed by each applicant. Any applicant that has already filed materials pursuant to Subsection A herein need not refile the same materials with its RFP response but must amplify its application to include any additional or different materials required by the RFP. The Town or its designee may seek additional information from any applicant and establish deadlines for the submission of such information.
C.
In evaluating an application for a franchise, the Town shall consider,
among other things, the following factors:
(1)
The extent to which the applicant has substantially complied with
the applicable law and the material terms of any existing cable franchise
for the Town.
(2)
Whether the quality of the applicant's service under any existing
franchise in the Town, including signal quality, response to customer
complaints, billing practices and the like, has been reasonable in
light of the needs and interests of the communities served.
(3)
Whether the applicant has the financial, technical and legal qualifications
to provide cable service.
(4)
Whether the application satisfies any minimum requirements established
by the Town and is otherwise reasonable to meet the future cable-related
needs and interests of the community, taking into account the cost
of meeting such needs and interests.
(5)
Whether, to the extent not considered under Subsection C(4) of this section, the applicant will provide adequate public, educational and governmental access channel capacity, facilities or financial support.
(6)
Whether issuance of a franchise is warranted in the public interest
considering the immediate and future effect on the public rights-of-way
and private property that would be used by the cable system, including
the extent to which installation or maintenance as planned would require
replacement of property or involve disruption of property, public
services or use of the public rights-of-way; the effect of granting
a franchise on the ability of cable to meet the cable-related needs
and interests of the community; and the comparative superiority or
inferiority of competing applications.
(7)
What effects a grant of the application may have on competition in
the delivery of cable service in the Town.
D.
If the Town finds that it is in the public interest to issue a franchise
considering without limitation the factors set forth above, and subject
to the applicant's entry into an appropriate franchise agreement,
it shall issue a franchise. If the Town denies a franchise, it will
issue a written decision explaining why the franchise was denied.
Prior to deciding whether or not to issue a franchise, the Town may
hold one or more public hearings or implement other procedures under
which comments from the public on an application may be received.
The Town also may grant or deny a request for a franchise based on
its review of an application without further proceedings and may reject
any application that is incomplete or fails to respond to an RFP.
This chapter is not intended and shall not be interpreted to grant
any party standing to challenge the denial of an application or the
issuance of a franchise unless such standing is necessary to enforce
a party's rights under its franchise agreement or applicable
law.
An RFP for the grant of an initial franchise shall require,
and any such application shall contain, at a minimum, the following
information:
A.
The name and address of the applicant and identification of the ownership
and control of the applicant, including the names and addresses of
the 10 largest holders of an ownership interest in the applicant and
affiliates of the applicant, and all persons with 5% or more ownership
interest in the applicant and its affiliates; the persons who control
the applicant and its affiliates; all officers and directors of the
applicant and its affiliates; and any other business affiliation and
cable system ownership interest of each named person.
B.
A demonstration of the applicant's technical ability to construct
and/or operate the proposed cable system, including identification
of key personnel.
C.
A demonstration of the applicant's legal qualifications to construct
and/or operate the proposed cable system, including but not limited
to the following factors:
(1)
The Town shall consider whether an applicant has had previous requests
for a franchise denied by the Town or other franchising authorities.
(2)
The applicant must have the necessary authority under Maryland law
to operate a cable system.
(3)
The applicant must have the necessary authority under federal law
to hold the franchise and operate a cable system. An applicant must
have, or show that it is qualified to obtain, any necessary federal
franchises or waivers required to operate the system proposed.
(4)
The Town shall consider whether, at any time during the 10 years
preceding the submission of the application, the applicant or any
officer, director, partner or major shareholder thereof was convicted
of any act or omission of such character that the applicant cannot
be relied upon to deal truthfully with the Town and the subscribers
of the cable system, or to substantially comply with its lawful obligations
under applicable law, including obligations under consumer protection
laws and laws prohibiting anticompetitive acts, fraud, racketeering
or other similar conduct.
(5)
The Town shall consider whether an applicant files materially misleading
information in its application or intentionally withholds information
that the applicant lawfully is required to provide.
(6)
The Town shall consider whether any elected official of the Town
holds a controlling interest in the applicant or an affiliate of the
applicant.
(7)
The Town shall provide an opportunity to an applicant to show that
it would be inappropriate to deny it a franchise by virtue of the
particular circumstances surrounding the matter and the steps taken
by the applicant to cure all harms flowing therefrom and prevent their
recurrence, the lack of involvement of the applicant's principals
or the remoteness of the matter from the operation of cable systems.
D.
A demonstration of financial qualifications to complete the construction
and operation of the cable system proposed.
E.
A description of any 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 any interest therein.
F.
Identification of the area of the Town to be served by the proposed
cable system, including a description of the proposed franchise area's
boundaries.
G.
A detailed description of the physical facilities proposed, including
channel capacity, technical design, performance characteristics, head
end and access facilities.
H.
Where applicable, a description of the construction of the proposed
system, including an estimate of plant mileage and its location; the
proposed construction schedule; and a description, where appropriate,
of how services will be converted from existing facilities to new
facilities.
I.
A demonstration of how the applicant will reasonably meet the future
cable-related needs and interests of the community, including public,
educational and governmental access channel capacity, facilities or
financial support to meet the community's needs and interests.
J.
If necessary at the Town's discretion, pro forma financial projections
for the proposed 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.
K.
Any other information that may be reasonably necessary to demonstrate
compliance with the requirements of this chapter.
L.
Any additional information that the Town may reasonably request of
the applicant that is relevant to the Town's consideration of
the application.
M.
An affidavit or declaration of the applicant or authorized officer
certifying the truth and accuracy of the information in the application,
acknowledging the enforceability of application commitments and certifying
that the application meets all federal and state law requirements.
The renewal of any franchise to provide cable service shall
be conducted in a manner consistent with Section 626 of the Cable
Act, 47 U.S.C. § 546, as from time to time amended.
An application for modification of a franchise agreement shall
include, at minimum, the following information:
A.
The specific modification requested;
B.
The justification for the requested modification, including the impact
of the requested modification on subscribers and others, and the financial
impact on the applicant if the modification is approved or disapproved,
demonstrated through, inter alia, submission of financials pro forma;
C.
A statement whether the modification is sought pursuant to Section
625 of the Cable Act, 47 U.S.C. § 545, and, if so, a demonstration
that the requested modification meets the standards set forth in 47
U.S.C. § 545;
D.
Any other information that the applicant believes is necessary for
the Town to make an informed determination on the application for
modification; and
E.
An affidavit or declaration of the applicant or authorized officer
certifying the truth and accuracy of the information in the application
and certifying that the application is consistent with all federal
and state law requirements.
An applicant shall be notified of any public hearings held in
connection with the evaluation of its application and shall be given
an opportunity to be heard. In addition, prior to the issuance of
a franchise, the Town shall provide for the holding of a public hearing
within the proposed franchise area, following reasonable notice to
the public, at which every applicant and its applications shall be
examined and the public and all interested parties afforded a reasonable
opportunity to be heard.
Following approval by the Town, any franchise granted pursuant
to this chapter, and the rights, privileges and authority granted
by a franchise agreement, shall take effect and be in force from and
after the first date on which both the franchisee and the Town have
accepted and signed the franchise agreement.
