(a) After
examining all applications submitted pursuant to procedures to be
established by the city council designed to assure the legal, financial,
technical and character qualifications of an applicant to provide
cable service, the council is authorized, after a full hearing affording
due process, to grant a nonexclusive franchise conveying the right
to construct and operate a cable system within the public ways of
the city. A franchise will be awarded to the applicant which in the
council’s judgment will best serve the public interest and whose
construction and financial plans and arrangements are both feasible
and adequate to fulfill the conditions set forth in this article and
incorporated into any franchise granted.
(b) The
council is further authorized to award additional franchises as it
deems appropriate, if it finds that the public welfare will be enhanced
by such awards after a public hearing and based upon testimony concerning
economic considerations, the impact on private property rights, the
impact on public convenience, the public need and potential benefit
and such other factors as are relevant.
(c) No
overlapping franchise shall be granted on terms or conditions more
favorable or less burdensome than those in any existing franchise.
The prohibitions of the foregoing sentence shall not apply when the
area in which the overlapping franchise is being sought is not actually
being served by an existing grantee holding a franchise for the area.
As used in this section, the term “actually being served”
means that cable service is actually available to subscribers to such
extent that the only act remaining in order to provide cable service
is the physical connection to the individual subscriber location as
of fifteen (15) days prior to any subsequent application for a franchise.
(d) No
provisions in this article shall be deemed or construed to require
the council to grant a franchise following receipt of any franchise
application.
(2005 Code, sec. 13.5.14)
(a) The
application for a cable television franchise shall be submitted to
the council, or its designee, on a written application form furnished
by the city, and in accordance with the procedures and schedule to
be established and published by the council. The application will
request facts and information the council deems appropriate. Applications
shall be accompanied by a nonrefundable application fee of five thousand
dollars ($5,000.00) payable to the order of the “City of Dalworthington
Gardens,” which amount shall be used by the city to offset direct
expenses incurred in the franchising and evaluation procedures, including,
but not limited to, staff time and consulting assistance.
(b) An applicant to whom the council grants a nonexclusive franchise, in addition to the nonrefundable fee specified hereinabove, shall pay to the city, within thirty (30) days of receipt of notice of the amount, an amount set by the council, or its designee, which shall represent the remaining out-of-pocket costs incurred by the city in granting the franchise and not defrayed by fees forthcoming from the provisions of subsection
(a) of this section.
(2005 Code, sec. 13.5.15)
(a) A
franchise agreement shall include a description of the grantee’s
cable system design and description of programming and cable services
offered, or to be offered, as the case may be, including any optional
premium cable services, a description of facilities proposed for local
origination programming, and facilities offered or to be offered to
various community institutions. A grantee shall maintain the mix,
level and quality of programming within the broad categories of video
programming or other services set forth in the franchise.
(b) Where
there has been a substantial failure to maintain the mix, level or
quality of services within the broad categories of video programming
or other services as set forth in a grantee’s franchise, the
council may, following due notice and public hearing, direct the grantee
to comply with its obligations in this regard. Written notice of such
hearing shall be provided to the grantee and the public at least (30)
days prior to such hearing.
(2005 Code, sec. 13.5.16)